Divorce Guidance For Couples In Separate States
Family law matters are complicated enough when both parties live in the same state. When one or both parties move, the situation can become even more complex, leaving questions as to which state has jurisdiction over the legal proceedings.
At Warren Welch Esq., LLC, attorney Welch and staff have extensive experience handling out-of-state divorce and family law matters. Located in Rochester, the firm serves clients throughout New York and those living in other states and countries who have legal matters pending in New York.
Filing For Divorce In Another State
In the United States, most divorces are filed in the state in which the filing spouse resides. If you file for divorce in New York and your spouse has moved out of state, New York will have jurisdiction over the case, provided you meet certain residency requirements. An experienced divorce attorney can help you understand how New York divorce residency laws apply in your situation.
Child Custody Jurisdiction
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) was enacted to establish uniform rules for determining a child’s state of residence in regard to child custody. Under the UCCJEA, the child’s state of residence is the state in which the child has lived for six consecutive months, or where the child was born if he or she is younger than six months.
For instance, if a father moved with his child to New York from Florida, jurisdiction over child custody matters would remain in Florida until the child has lived in New York for at least six months.
Dealing with legal problems over long distances can be difficult. If you live outside of New York but have legal issues pending here, it is good to know a local family law attorney you can trust.