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Can I start my divorce proceedings in Florida when my spouse lives in NY? Or do I have to get the divorce in the county he lives

Business 6 views 3 answers
About five months ago I had to abandon my home due to domestic abuse and since then my husband has kept control of all of our assets. He has sold many of our belongings including an apt in the Dominican republic. Has rented our home out and gave away all of my clothes, jewelry, etc. We own a home in NY and we also have a auto repair business, and own many vehicles. I am afraid to go back to NY. I need a lawyer who can help me with this. It seems so complicated for me. I just want to end this marriage and come to a fair agreement with this man. he has done a lot of damage. I just want it over. I worked very hard in that marriage of almost 20 years to be left with nothing. Sleeping on a futon and working in a factory making way less than I was when I was in NY.

Attorney Answers

3
Thomas Peppler ·
You can file here in Florida after you have been a resident here for at least six months. But if he ignores the summons that you must serve him with, the court may grant the divorce, but it has no way to divide property in New York. If he answers the summons and petition, then he will have submitted to the jurisdiction of the Florida court and the court can then order him to deal with the property, etc. He could also ask the court to move the case to NY and that could very well happen. The conservative advice is to hire a NY lawyer to get the divorce done there.
0 upvotes
A Mullaney ·
If you both last lived together in NY, and you want a court to make decisions on various issues (assets, debts, alimony,...) you should talk with a lawyer in NY. You can file in NY if your spouse has met the NY residency requirement. If all you want is the court to end your marriage, you can do that in FL (as long as you have lived here for 6 months).
0 upvotes
William Rosenfelt ·
I agree with both attorneys. You need to locate counsel in NY, assuming that NY is the last place where you and your Husband lived together as Husband and Wife. It gets quite complicated. Good luck.
0 upvotes

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