How Divorce Jurisdiction Can Be Determined by Your Shoes

Sounds crazy but it happened. The couple lived a bicontinental jet set life. The wife tried to commence the divorce in New York County because, unlike Manhattan, Monaco does not have a concept of shared marital property. The husband contested that the New York jurisdiction was the couple’s primary residence. One of the arguments made was that the wife kept the majority of her valuable shoe collection in Monaco. Read an article here. The New York Court denied jurisdiction, See, First Department Case here.

How do normal people determine jurisdiction for a divorce proceeding?

According to Domestic Relations Law Sec 230, an action to annul a marriage, or to declare the nullity of a void marriage, or for divorce or separation may be maintained only when:

  1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
  2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or
  3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or
  4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or
  5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.

If you want New York to be your jurisdiction make sure you have proof that you have been living here for the requisite period of time. Start by moving your shoe collection.

If you would like to determine whether New York is the proper jurisdiction for your divorce, contact Diana Mohyi Attorney at Law for guidance.