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Apparently in New York State you can file for divorce in any county, except Westchester County (you have to live in Westchester County in order to file there).
Some people’s situations will demand a more nuanced assessment to determine which county is strategically best for them to file for divorce in. For example: some courts are known to more commonly order parties to provide for college tuition for their children; some courts follow different precedents with regard to asset valuation dates or pension splitting; some courts are more likely than others to consider fault in awarding spousal support, and the list goes on.
These are only a few examples of the nuances of choosing where is best for you to file for divorce. It is important to discuss your entire situation with your attorney so he or she can best serve your interests.
www.nyc-divorces.com
There are also various factors to consider that may affect your choice of county to file in. New York law allows you to file in the county of either party’s residency (the most common situation). You also have the option of filing in any county in the state (excluding Westchester County, unless of course you or your spouse meets the residency requirement in Westchester County). However, if you choose the second option and opt to file in a county where neither you nor your spouse resides, your spouse may oppose that venue, subject to review by the court. (For example, if you and your spouse both live in Manhattan, and you choose to file in Buffalo, your spouse may oppose Buffalo as the venue, and a court would likely agree because the more convenient option is obviously New York County.)Where & How I I file for Divorce in New York?
Some people’s situations will demand a more nuanced assessment to determine which county is strategically best for them to file for divorce in. For example: some courts are known to more commonly order parties to provide for college tuition for their children; some courts follow different precedents with regard to asset valuation dates or pension splitting; some courts are more likely than others to consider fault in awarding spousal support, and the list goes on.
These are only a few examples of the nuances of choosing where is best for you to file for divorce. It is important to discuss your entire situation with your attorney so he or she can best serve your interests.
Where & How Do I File for Divorce in New York? | Cedeño Law Group, PLLC
People looking to get divorced in New York often have no idea how to do so. Why would they? It's unlikely something they've ... Divorce
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