Where will a divorce case be heard in a case where one of the parties lives out-of-state?

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Where will a divorce case be heard in a case where one of the parties lives out-of-state?

My husband lives in FL and I live in NY. If he files for a divorce and I disagree with what he wants, will he have to come to NY or will I have to go to FL? We have a home and a dependent child here in NY. 

Asked on November 26, 2010 under Family Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Divorce proceedings are heard in the state in which they are filed.  So you would have to go to FL or hire a FL attorney to represent you (even with a local lawyer you may have to appear).  In order to insure the you don't have to travel, you could file in NY before your husband files in FL.  Also, as long a 1 of the parties to a divorce suit lives in the state, the suit may be filed there - even if the party that is filing is a resident of another state.  In other words, your husband could file in NY (if he agrees to do do), since you are a resident of NY.

At this point, you really should consult directly with a divorce attorney in your area.


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