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Is she filing for separation or divorce at this time?
Is she filing in NY or IL?
to my knowlegde she has not filed she has to live in n.y. for a year i'm told. i was told that n.y. has no juristition to hear our case or that i could contest summons? if true how?
That is correct about her having to live in NY for a year.
In New York, you must first satisfy the residency requirements set forth in Domestic Relations Law §230. To file for a divorce in New York you must satisfy one of the following residency requirements:
If she has served you with a summons, as you said, then she had to file somewhere.If she filed in NY, then yes, you can file a motion to dismissed based on lack of personal jurisdiction because your wife is not a resident there and will not be for one year.
Then I would get to an attorney and work on asset protection so that when she does file, you will have done everything you can to protect your assets.
do i need a attorney to file a motion to dismiss?
I wouldn't try to do it myself simply because the court may throw it out based on a technicality and award her support. It would be better to hire a NY family law attorney to do this for you. It will save you a lot of money and headaches in the long run. You can find one here: www.martindale.com.
You have no legal obligation to be paying your wife's bills at this time.
Many times, if you are paying them when you are not court-ordered to do so, the court will make you continue to pay them when she does finally get to ask for support.
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