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Divorce, Marriage, Alimony Law Question from Ithaca, New York

Asked on 12/2/2009.   This question has received 114 views.

I was married in Oregon in 1988 but we have lived in NY since 1993, where do we file for divorce?


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Attorney Answer given by Barton R. Resnicoff

Answered on December 2, 2009.

Barton R. Resnicoff
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If you and/or your wife meet NY residency requirements, and if you both have been here since 1993, you do, most likely the only place to file for divorce is in NY.  What issues are involved?  Do you have any children?  Significant assets?  Debt?  All of this is important in determine what to do and how to do it.  Your next step is to have a full matrimonial assesstment done to determine your rights, obligations, the best way to proceed, and why.


Attorney Answer given by Darren M. Shapiro, Esq. - New York Attorney in Good Standing -

Answered on December 2, 2009.

Darren M. Shapiro, Esq. - New York Attorney in Good Standing - | Law Office of Darren M. Shapiro
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I am a New York matrimonial attorney.  Thank you for your inquiry.  You have lived in New York long enough to file here.  You meet the residency requirements that you have been in New York for the past two years.  If for some reason you though that you wanted to avail yourself of the laws in Oregon you could consult with an Oregon attorney to see if you would be able to file there.  That is not necessary if you are comfortable filing here.  Give me a call if you would like to discuss the matter.  www.NYAttorneyDivorce.com www.CriminalDefense1.com


Attorney Answer given by M.D., Member, California and New York Bar

Answered on December 2, 2009.

New York would be the proper jurisdiction in which to file.  Many people are under the popular misconception that they must file for a divorce in the state in which they were married.  This simply is not the case.  Typically, a divorce is properly filed in the state in which one or both of the spouses reside.

Since you have been living in New York, for so long, you more than meet any residency requirements.

At this point you should consult with a divorce attorney in your area regarding your situation.




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