PREFERRED ISLAND TO PART IN
Just as you must have had some residency connection to the State of New York in order to file a divorce here, you or your spouse must also have a residence connection to the County where you file your action. Why does it matter which county you file your divorce action in?
Time Downstate NYC counties have a higher population and therefore higher volume of cases to process which significantly increases the processing time. It may take on average 1 year for your uncontested case to be processed in a NYC county like Queens, New York (Manhattan) or Kings County. However, if you file in Westchester County, it could take a couple of weeks.
Procedural Differences. At least one upstate county requires the parties to exchange financial information and file it with the Court before processing even an uncontested divorce. NYC Counties and Westchester County typically do not require that. Although the processing time may be quicker, county specific requirements may be more onerous.
Residency Requirements Enforced. Since the Covid-19 Pandemic County Clerks have more strongly enforced the residency requirement that at least one party has to reside in their county. They won’t take on more cases than they are required to take and cause a backup in processing for their own residents whom they primarily serve. In the past county clerks would process a divorce case as long as the New York State residency requirements were met, See, DRL 230. Do not waste your time and resources filing in a county where at least one party does not reside or else it may be rejected.
Children. Courts prefer that the case is filed in the County and State where the children have resided for at least 6 months See, UCCJEA. A Court may transfer the case if it makes more sense.
If you are interested in knowing how jurisdictional requirements may impact the filing of your divorce action, contact Diana Arnone Esq. of Diana Mohyi Attorney at Law, PC for a consultation. You might be surprised!
Daniel Quintanilla
