Family Law Questions? Ask a Family Lawyer Online.
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.
The New York court has jurisdiction here, because that's where the two of you lived together while married, that's where you live now, and that's where the children live. You can actually file for divorce in New York, file motions for temporary child custody and support, and file a motion to dismiss the Virginia case for lack of jurisdiction over you or the children. New York law allows you to request that your husband pay your attorney's fees to ensure that you're both on equal footing in the divorce. The state wants to make sure a case is won by the person who has a better case, not the person who makes the most money.
You should be able to find a lawyer who will accept the case and file a Motion for Attorney's Fees along with everything else. Then you can pay the lawyer with money the judge awards you instead of paying upfront out of your own pocket. You may have to call a few firms to find someone, but it would be worth it. A NY lawyer cannot move to dismiss the VA case, but they may be able to help you prepare the documents yourself or refer you to a Virginia lawyer (who would also be paid through the money you get from your husband).
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