Can anyone help ?

[GingerGarrison]

I just found this forum a couple days ago and have posted a couple of questions but haven't received any answers. I was hoping I could get someone who might know to answer a question for me. My sister and her family plan on moving to New York and if her husband does not straighten up, she plans on filing for divorce. My question is: How long do they have to be residence of New York before she can file for divorce in New York State? And when do you become a legal resident of New York State? Do you become legal just by changing your mailing address or do you have to get a New York State drivers lisence? Or does it take more than that? If anyone has any answers for me I would deeply appreciate it. Thanks.

 

[shanney27]

Here is a website that should help your sister. She would have to fufill the residency requirements to file for divorce in NYS. Also when she left her husband can still file in the state they reside and she would HAVE to come back to respond to the papers. Also from what I have heard on this board (I am not a lawyer this is just my experience and research), that judges do not like it when parents move far a way in the middle of these type of actions. Espically if this guys will be filing for any type of custody and/or visitation. It is probable a judge could order her to move back to deal with these issues and put into there divorce papers that any moves have to be approved by the court. It really just depends on how difficult and /or involved (depending on how you look at it) the father wants to be. Hope this helps.

http://www.divorcelawinfo.com/states/ny/newyork.htm