USA – NEW YORK Law and Practice Contributed by: Gretchen Beall Schumann and Rashel Zywica, Schumann Law LLC
(h) there is any other basis consistent with the constitutions of this state and the United States for the exercise of personal jurisdiction. Contesting Jurisdiction A party to financial proceedings can contest jurisdic ‑ tion. Stay of Proceedings A party is able to apply to stay proceedings in order to pursue financial proceedings in a foreign jurisdiction. Some factors that the court may consider are which party files first in time, whether there is ongoing litiga ‑ tion in another forum, whether New York is an incon ‑ venient forum, and whether the parties have contacts in a particular jurisdiction. Hearing Financial Claims After a Foreign Divorce Financial claims can be made following a foreign divorce, to the extent that issues are left open by the foreign judgment for enforcement and/or modification by another jurisdiction or where the laws of the State of New York allow for enforcement and/or modifica ‑ tion of the foreign judgment. New York’s Civil Procedure Law and Rules provide for the enforcement of foreign money judgments in New York, pursuant to the Uniform Foreign Country Money Judgments Act (2021), provided certain due process standards have been met in obtaining the foreign judgment. Other provisions of the NY Domestic Relations Law (DRL §§75 and 236) and Family Court Act (FCA § 115 and Article 5-B) provide for the recognition and enforcement/modification of foreign divorce judg ‑ ments, child custody and child support orders. 2.2 Service and Process in Financial Proceedings Service Requirements The Family Court Act §427 lays out the manner of service of process for support proceedings in New York Family Courts. If the financial requests for relief are part of a divorce action in Supreme Court, then the summons with
notice/summons with verified complaint are to be served personally on the defendant spouse, unless there is permission from the court to serve that spouse using an alternative method, or if the defendant spouse agrees to have an attorney accept service on their behalf. (Note: There may be alternative methods of service available where a NY action is being served There is no mandatory timeline, and courts maintain discretion over both the duration of individual pro ‑ ceedings and the process, from the initial appearance through status and compliance conferences, trial, and post-trial proceedings. 2.3 Division of Assets New York law applies the principles of equitable dis ‑ tribution, which does not necessarily mean an equal distribution of marital assets. The court will take into in a foreign jurisdiction). Process and Timeline account 16 factors, including but not limited to: • the income and property at the time of marriage, and at the time of the commencement of the action; • the duration of the parties’ marriage and the age and health of both parties; • the need of a custodial parent to occupy or own the marital residence and to use or own its house ‑ hold effects; • the loss of inheritance and pension rights upon dis ‑ solution of the marriage as of the date of dissolu ‑ tion; • the loss of health insurance benefits upon dissolu ‑ tion of the marriage; • any award of maintenance under subdivision 6 of DRL § 236 (B); • any equitable claim to, interest in, or direct or indirect contribution made to the acquisition of such marital property by the party not having title, including joint efforts or expenditures and contri ‑ butions and services as a spouse, parent, wage earner and homemaker, and to the career potential of the other party; • the liquid or non-liquid character of all marital property; • the probable future financial circumstances of each party;
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