Asked 2/16/2010
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Please help very important question about which law my case falls under. I was married in Vegas but have always lived in NY and still do. For Divorce Law do I go by NY Law or Vegas law? |
Answer 1/7 - Submitted 2/18/2010
Answer 2/7 - Submitted 2/20/2010
Answer 3/7 - Submitted 2/25/2010
Answer 4/7 - Submitted 3/3/2010
Residency doesn't necessarily determine jurisdiction. I was married in Texas, divorced in Arkansas, moved back to Texas and the court with jurisdiction in my case is Arkansas. However, the original decree specifically states that the Arkansas court will have exclusive jurisdiction, which had I known at the time the ramifications of signing the decree, I would not have signed it.
Refer to your effective decree and see if it is stated there and if it is, you have your answer. If you want that jurisdiction changed, you will have to "motion" for a change of venue. At least this is what I have done, though I am still waiting to hear from the court on the matter. If the divorce is not yet final, then the previous answers are accurate to my knowledge and the state of residency will apply. Good Luck and God Bless Coleman
Answer 5/7 - Submitted 3/10/2010
Arguably both states do. NY will have a statute that tells you how long you must be living there in order to be under NY's jurisdiction. Usually, you must have lived there for a year or it was the last place where you lived as husband and wife and also the state where the breakdown of the marriage occured.
Also, you can always file in NY. If your husband doesn't contest jurisdiction it probably won't be an issue at all.
Answer 6/7 - Submitted 3/10/2010
New York is the state that has jurisdiction and venue over the divorce although if your husband lives in another state that one would have jurisdiction as well.
You could file in Nevada once you meet the minimum residency requirements but there is no need to just because you were married there.
Answer 7/7 - Submitted 3/11/2010
You fall under the jurisdiction of the state you reside in - New York. You can also file in the state your spouse resides in if that is different. Nevada has very limited residency requirements for a divorce so some people like to go to Vegas on holidays, "establish residency" and get a quickie divorce. Divorce is big business in Nevada, almost as big a business as weddings.
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