USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Rashel Zywica, Schumann Law LLC
Contesting Jurisdiction A party to divorce proceedings can contest jurisdic ‑ tion. Stay of Proceedings A party can apply to stay proceedings in order to pur ‑ sue divorce proceedings in a foreign jurisdiction. Refer to the jurisdiction discussion above. 2. Financial Proceedings 2.1 Choice of Jurisdiction in Financial Proceedings Grounds See response to 1.2 Choice of Jurisdiction in Divorce Proceedings . If a separate child or spousal support action is com ‑ menced under the Family Court Act, then the following provisions may apply. • With respect to child support proceedings, the court must have personal jurisdiction over the respondent. • In cases where the respondent is not a resident of New York State: (a) the individual is personally served with a sum ‑ mons and petition within this state; (b) the individual submits to the jurisdiction of this state by consent, by entering a general ap ‑ pearance, or by filing a responsive document or other action having the effect of waiving any contest to personal jurisdiction; (c) the individual resided with the child in this state; (d) the individual resided in this state and provided prenatal expenses or support for the child; (e) the child resides in this state as a result of the acts or directives of the individual; (f) the individual engaged in sexual intercourse in this state and the child may have been con ‑ ceived by that act of intercourse; (g) the individual asserted parentage of a child in the putative father registry maintained in this state by the office of children and family services; or
ly). While a married couple may enter into a separation agreement intended to be independently enforceable, and which may be So Ordered by a court, thus giving it the force of a court order, the agreement must be incorporated into (but not merged with) a judgment of divorce in order to legally dissolve a marriage. 1.2 Choice of Jurisdiction in Divorce Proceedings Jurisdictional Grounds The parties must meet jurisdictional requirements, found in NY DRL §230, as follows. • The marriage occurred in New York, one party has resided in New York continuously for at least one year immediately prior to the commencement of the action (“commencement”) and that party remains a resident as of commencement. • The parties have resided in New York as husband and wife and one party has resided in New York continuously for at least one year immediately prior to commencement. • The cause of action has arisen in New York and both parties are residents at commencement or one party has resided in New York continuously for at least one year immediately prior to commence ‑ ment. (However, see • Stancil v Stancil , 47 Misc.3d 873 [Sup. Ct., N.Y. Co. 2016], where the trial court found under the facts presented that a party could not accelerate the two-year residency requirement by alleging one year of residency coupled with no fault grounds.) • Either party has resided in New York for a continu ‑ ous period of two years prior to commencement. The foregoing criteria apply to same-sex spouses but not civil partners. Domicile, Residence and Nationality Domicile and nationality are not relevant for jurisdic ‑ tional purposes where the residency requirements above are met. A person is a “resident” of New York State when they have a significant connection with some locality in the state as the result of living there for some length of time during the course of a year. Deazle v Miles , 77 A.D.3d 660,908 N.Y.S.2d 716 (2d Dep’t 2010).
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