How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Family Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

I live in the state of NY and would like to file a divorce.

Customer Question

I live in the state of NY and would like to file a divorce. Can you please tell me how long it takes and can I move to TN and then file a divorce?
Submitted: 1 year ago.
Category: Family Law
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. First of all, yes, you can move to Tennessee, but every state has a residency requirement. That is, you will have to have established residency and one of the spouses must be a resident for 6 months prior to filing. So while you can move to Tennessee, you will need to do so 6 months prior to filing.

As to how long it would take in NY, it's really hard to say for certain, as each court has a different docket, and some courts are more backed up than other ones. An uncontested divorce would probably take about 3 months, and contested 9 months on average, but that's entirely contingent upon the court, the issues presented, if there are children, etc... 3 months is a good rule of thumb once you meet the requirements for divorce

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Customer: replied 1 year ago.
if I leave my husband today, I can not file for a divorce for 6 months if I move to Tennessee?
Customer: replied 1 year ago.
is it possible to file for divorce in NY but move to TN while it is still in the process and have all the correspondence sent to my TN address? or will I need to stay in NY until my divorce is final?
Expert:  ScottyMacEsq replied 1 year ago.

That's correct (6 months after you move to Tennessee). You can certainly file for divorce in NY and move. The point is that NY would continue to have jurisdiction over the divorce, rather than TN, and that any hearings (if any) would be in NY, and the distribution, etc... would be according to NY law.

Customer: replied 1 year ago.
Thats fine. So if i file for my divorce in New York, i can move to TN the next day and will just need to come to NY for any hearings correct?
Expert:  ScottyMacEsq replied 1 year ago.

Yes.

Expert:  ScottyMacEsq replied 1 year ago.

So long as you're a resident at the time of the commencement of the action, that's what's considered.

Customer: replied 1 year ago.
If I hire an attorney for my divorce, will it expedite my divorce?
Expert:  ScottyMacEsq replied 1 year ago.

Not expedite it (in that it's not going to go "faster" than possible) although you might avoid "slow downs" due to filing the wrong document, or not filing the right documents, etc...

Customer: replied 1 year ago.
we have a joint bank account - how will everything get distributed as per NY law?
Expert:  ScottyMacEsq replied 1 year ago.

The distribution of assets is an entirely different question than the question that you asked, and we're really only supposed to answer follow up questions in the scope of the original question. But in short, all marital assets and liabilities (debts) will be distributed in an "equitable" manner (what the judge determines is fair). The factors can be found here: http://www.international-divorce.com/The-Thirteen-Factors-in-Property-Divisions-in-New-York

Expert:  ScottyMacEsq replied 1 year ago.

If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service as OK Service or higher. It's only then I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!