QUESTION
WHERE would I have to file for divorce if I was married in NYC in 1990, but lived in NJ from 95-2016?
Asked on Jan 21st, 2018 on Divorce - New York
More details to this question:
We were married in Brooklyn, NY on May 5, 1990. We moved to NJ after purchasing a home in Burlington, NJ in October of 1995. We separated in November of 2016 when I moved back to Brooklyn, NY after years of marital differences. She still lives in the home in Burlington with our 2 adult children (ages 22/27). Our children are looking for their own apartment with intentions on moving within the next 60 days. Wife wants me to continue to pay the mortgage ($1,450 mo) even though she makes $40K+ yr. I prefer to sell the house, split the proceeds and we both go our separate ways. She wants alimony based solely on greed.
1 ANSWER
Civil Rights Law Attorney serving Rockville Centre, NY
Partner at
Lori Nevias, Attorney at Law
1 Award
Since you were married in NY and you currently live in NY, you can file for divorce in NY. However, unless you make less than her $40K annual salary, your wife will be entitled to spousal maintenance, which is calculated based on a number of factors, including length of the mattiage, and your respective salaries. She'll also be entitled to half the marital assets, which may include a portion of any pension you may have, and any savings accumulated during the marriage.
Answered on Jan 21st, 2018 at 9:11 PM