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    chr103yod's Avatar
    chr103yod Posts: 3, Reputation: 1
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    #1

    Mar 2, 2009, 07:22 AM
    Separated in NY Divorce in PA
    My girlfriend has been separated for about 3 1/2 yrs. She lived in NY and has a child support order set up there. She moved to PA with me about a year and a half ago and is now a resident. How will this affect the child support order in NY if she gets divorced in PA? From what I read the original state has jurisdiction over child support. Does PA simply agree to NY's order and leave that alone? She doesn't have the money for a lawyer and her ex is a piece of crap so he won't help her at all. She is going to try one of the online services that help you with the divorce paperwork instead of a lawyer. Everything is uncontested so it shouldn't be an issue. What do you think?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 2, 2009, 07:50 AM

    I think representing yourself in a divorce is a big mistake, particularly if the parties have little or no understanding of the law.

    Is she LEGALLY separated - papers filed with the Court - or simply living apart with some type of temporary support order? If jurisdiction gets changed to PA the previous NY Order will be reviewed and probably changed according to PA Statutes.

    She can no longer sue for finalization of the divorce in NY as she is no longer a NY resident.
    chr103yod's Avatar
    chr103yod Posts: 3, Reputation: 1
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    #3

    Mar 2, 2009, 02:09 PM
    Quote Originally Posted by JudyKayTee View Post
    I think representing yourself in a divorce is a big mistake, particularly if the parties have little or no understanding of the law.

    Is she LEGALLY separated - papers filed with the Court - or simply living apart with some type of temporary support order? If jurisdiction gets changed to PA the previous NY Order will be reviewed and probably changed according to PA Statutes.

    She can no longer sue for finalization of the divorce in NY as she is no longer a NY resident.
    She's been legally separated for around 3 yrs. There is a child support order in place in NY and he's behind around 15k. Visitation and custody has been finalized in court. The only thing left is the divorce since NY totally sucks and is probably one of the worst states in the country to get a divorce.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Mar 2, 2009, 05:51 PM
    Quote Originally Posted by chr103yod View Post
    She's been legally separated for around 3 yrs. There is a child support order in place in NY and he's behind around 15k. Visitation and custody has been finalized in court. The only thing left is the divorce since NY totally sucks and is probably one of the worst states in the country to get a divorce.

    Why is that - the "worst State" part, not the visitation/custody part.
    chr103yod's Avatar
    chr103yod Posts: 3, Reputation: 1
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    #5

    Mar 3, 2009, 11:47 AM
    Quote Originally Posted by JudyKayTee View Post
    Why is that - the "worst State" part, not the visitation/custody part.
    In the great state of NY you have to have grounds for divorce. You can't get a no fault. One of you has to agree to wrong doing. He picked abuse when he originally filed which was a joke since he beat the hell out of her. She refused to sign it and he wouldn't admit to cheating (which he did) so she had to wait to be apart long enough to file for abandonment.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Mar 3, 2009, 01:48 PM
    Quote Originally Posted by chr103yod View Post
    In the great state of NY you have to have grounds for divorce. You can't get a no fault. One of you has to agree to wrong doing. He picked abuse when he originally filed which was a joke since he beat the hell out of her. She refused to sign it and he wouldn't admit to cheating (which he did) so she had to wait to be apart long enough to file for abandonment.


    I don't know where you got this info. No one has to agree to wrong doing. One party makes allegations and proves them. The allegation can be cruel and inhuman treatment ("he comes home from work and doesn't talk to me.") Most grounds - including adultery - get changed to cruel and inhuman. She could have also filed for a legal separation which would have been turned into a divorce in one year - and it takes about a year to get a divorce through the NY system so it comes out the same. If she did - and I believe she did - obtain a legal separation, why hasn't she simply turned that into a divorce decree?

    So he filed for a divorce and claimed she abused him. He apparently abused her. She couldn't prove it?

    And, yes, there is no no fault divorce in NY.
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