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LADY LAWYER
LADY LAWYER, Family Law Attorney
Category: Family Law
Satisfied Customers: 6536
Experience:  Family Law Attorney
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i live in illinois my wife left me and is in n.y. 3 months

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i live in illinois my wife left me and is in n.y. 3 months ago she has served my with a summons for spousal support, i pay all her bills and mine and have sent her money as i can afford how can i protect myself ?

LADY LAWYER :

Hello, Thanks for choosing Justanswer.com! I look forward to helping you today.

LADY LAWYER :

Is she filing for separation or divorce at this time?

LADY LAWYER :

Is she filing in NY or IL?

Customer:

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?

LADY LAWYER :

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:



  1. The marriage ceremony was performed in New York State and either spouse was a resident of the state at the time of the commencement of the action and resided continuously in this state for one year immediately before the action began; or,

  2. The couple lived as husband and wife in this state and either one is a resident thereof and resided in this state for a continuous period of one year immediately prior to the commencement of the action; or,

  3. The grounds for divorce occurred in this state and either party is a resident thereof and lived in this state for a continuous period of one year prior to commencement of the action; or,

  4. The grounds for divorce occurred in this state and both parties are New York residents at the time the action is commenced; or,

  5. If you and your spouse were married outside of New York and you never lived together as husband and wife in this state and the grounds for divorce did not occur in this state -- either you or your spouse must presently be a resident of New York State and have resided continuously in the state for at least two years prior to bringing this case.

LADY LAWYER :

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.

LADY LAWYER :

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.

Customer:

do i need a attorney to file a motion to dismiss?

LADY LAWYER :

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.

LADY LAWYER :

You have no legal obligation to be paying your wife's bills at this time.

LADY LAWYER :

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.

LADY LAWYER :

If you have any more questions, I am happy to answer them! If this answer is responsive to your question, please accept it. That is how we are compensated and it will cost you nothing further to do. It would also be appreciated if you provided feed back on your view of the answer. Finally, if the answer was especially helpful you can provide a bonus. If I can be of further assistance or you have other questions in the future you can ask for me and reach me at this site.

Customer:

thank you

LADY LAWYER :

You're very welcome! It says you are accepting but it hasn't gone though yet. Let me know if the system is giving you any trouble. Thanks!

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