QUESTION

how long must people be residents in nys during a pending divorce until free to move elsewhere

Asked on Jun 13th, 2013 on Divorce - New York
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Divorce Attorney serving Chappaqua, NY at Browde Law, P.C.
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Once the case has begun there is no time limit on moving. However, if children are involved the process can be more complicated.
Answered on Jun 16th, 2013 at 7:17 AM

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Family Law Attorney serving New York, NY
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Once the divorce has been commenced by the filing of the Summons with Notice or Summons and Complaint, then as long as New York State had jurisdiction to hear the divorce at the time of filing, then the parties are still free to move elsewhere while the divorce is pending.   However, a few things must be kept in mind.   First, if the party seeking to relocate plans on taking the children with them, before the divorce has been heard, then they may be ordered to return to the state. Secondly, if the parties are unable to proceed with an uncontested divorce, then they will have to appear in court on the contested divorce calendar.  So, if a party moves out of the state after the divorce was commenced in New York State, they would still have to travel back to New York for every court appearance.  
Answered on Jun 13th, 2013 at 1:41 PM

Seth D. Schraier, Esq. Law Office of Seth Schraier 3647 Broadway Suite 4G New York, New York 10031 Cell: (914) 907-8632 www.SchraierLaw.com

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