Divorcing New York residents may have a lot on their minds when it comes to the various legal procedures they will likely face. Property division is often one of the more difficult proceedings to go through, and individuals may face additional complications if some of their property is in a state that differs from the one in which they filed for divorce. Of course, there are ways in which this issue can be addressed.
If both parties reside in the same state, the divorce petition will most likely be filed in that state. If there are assets that are not tied to the residential state, the presiding judge cannot rule on how the property should be divided. However, the judge does have jurisdiction over the residential individuals, and therefore, the judge may order the individuals to divide the property in a specified manner.
If the divorcing individuals have since moved to different states, the situation may become more complicated still. If an individual files for divorce in a state where the other party does not reside and does not have any significant ties, the court of that state cannot perform certain actions pertaining to property division or other agreements. As a result, another litigation proceeding will need to take place in a different state.
When divorce spans over multiple states, individuals can feel as if they do not know where to begin. They may worry that their initial actions will not be enough to effectively handle their divorce or that they might take the wrong steps. Luckily, assistance is available. If New York residents are concerned with how their property division will be handled, they should discuss those concerns with experienced attorneys.
Source: lexology.com, "Jurisdiction Over Out-Of-State Property In A Multi-State Divorce", Megan K. Feehan, June 24, 2016