What Happen’s If My Husband Was Granted A Divorce in Another State?

Taking Action when Your Partner Gets Divorce Papers Outside of New York

In some cases, people to travel to other states to get a divorce. Sometimes, it is more difficult and expensive to obtain a divorce in New York. Some people do this because all or some of the property acquired during the marriage is only in their name. They think if they go to Vegas, or head down to Florida they can get a divorce and pay their spouse nothing. This is not the case. If marital property is located within New York, or there is a current order of spousal support from Family Court, The Courts in New York can still divide the marital property.

Divorces can get complicated, but understanding your legal rights and how to respond is crucial in ensuring that your interests are protected, particularly when it comes to the division of marital property and spousal support.

Why Some Choose Out-of-State Divorce

People may seek a divorce outside New York for various reasons:

  • Perceived Ease and Lower Cost: Some believe that divorce proceedings might be simpler or less expensive in other states.
  • Property Concerns: Individuals whose marital assets are primarily in their name sometimes assume they can avoid sharing these assets by filing for divorce in a state with different laws.

Brian D. Perskin, a seasoned New York divorce attorney, explains, “While it might seem strategically advantageous to file for divorce in a state with perceived leniencies, the reality is that New York courts still have significant reach when it comes to marital assets located here, as well as existing spousal support orders.”

Legal Implications of Out-of-State Divorce Filings

If your spouse files for divorce in another state, it’s important to understand the implications:

Jurisdiction Over Marital Assets

Even if a divorce is filed in another state, New York courts can still exercise jurisdiction over marital assets located within the state. This means that properties and other assets situated in New York will likely still be subject to division according to New York laws.

Spousal Support Orders

Existing spousal support orders issued by New York courts remain enforceable, regardless of where the divorce proceedings take place. “Attempting to circumvent a New York court order by filing out-of-state can complicate matters and potentially lead to legal penalties,” notes Perskin.

Protecting Your Legal Rights

Responding effectively to an out-of-state divorce filing involves several crucial steps:

  1. Consult a Qualified Divorce Attorney: Understanding the full scope of your legal rights and options is essential. An attorney well-versed in New York divorce law can provide crucial guidance and representation.

  2. Respond Promptly to Divorce Filings: Failing to respond to divorce papers — regardless of where they are filed — can result in default judgments against you, potentially compromising your rights to marital assets and fair support.

  3. Seek Legal Remedies in New York: If your spouse files for divorce in another state, your attorney might still be able to take action in New York, especially if you are a resident or if substantial marital assets are located here.

Hiring a New York City Divorce Attorney

If you find yourself facing the complexities of a spouse who has initiated divorce proceedings outside of New York, contact Brian D. Perskin & Associates for expert legal assistance. With years of experience in New York divorce law, Brian Perskin is dedicated to ensuring that your interests are protected and that you receive the fairest possible outcome. Reach out today to schedule a consultation and take control of your divorce proceedings.

Contact us at 877-826-7257 today to get expert-guided legal representation.
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