Divorce Across State Lines
Divorce can become more complex when spouses live in different states. Jurisdictional questions, Child Custody Conflicts, and inconsistent state laws can all influence how your case unfolds. The attorneys at Bikel Rosenthal & Schanfield have extensive experience guiding clients through the legal intricacies of interstate divorce and will help you identify the best legal course of action.
Jurisdiction: Which State Has Authority?
A court must have jurisdiction to hear your case. For an interstate divorce, the state that has jurisdiction depends on residency requirements, timing, and the sequence of filing.
Key considerations in determining divorce jurisdiction include:
- How long each spouse has lived in their respective state
- Whether both spouses meet the residency criteria in their current states
- Who files first, and where
Jurisdiction affects not only where the case is heard, but also what laws apply to property division, spousal support, and procedural rules. In some cases, more than one state may claim jurisdiction over the matter. In other instances, improper filing could render court orders unenforceable.
Our Manhattan-based family law attorneys can assess your situation and help determine which court has proper authority and how that choice may impact the outcome.
Child Custody Across State Lines
Interstate custody disputes are primarily governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which 49 states, including New York, have adopted.
Under the UCCJEA, courts determine home state jurisdiction, generally defined as the state where the child has lived for the past six consecutive months. If no clear home state exists, courts will consider other significant ties (such as schooling, medical care, extracurricular activities, sibling bonds, or extended family).
Exceptions may apply. For example:
- If the child is at risk of abuse or neglect, another state may assert emergency jurisdiction.
- Conflicting claims to jurisdiction can arise if one parent relocates with the child before a case is filed.
These matters often require swift legal intervention. At Bikel Rosenthal & Schanfield, our team is highly skilled in defending and challenging custody claims under the UCCJEA and ensuring your child's best interests are protected.
At-Fault vs. No-Fault States
New York is a mixed-fault divorce state, recognizing both no-fault (irretrievable breakdown) and at-fault grounds
(such as cruelty or abandonment). However, not all states follow this model.
- At-fault divorce laws may impact property division, spousal support, or custody in states that still allow fault-based grounds.
- No-fault states typically do not consider blame, even in contentious cases.
In interstate divorce, understanding how each state approaches fault is essential. Filing in a no-fault state may neutralize allegations that could have weight in a fault-based jurisdiction. Our attorneys help clients weigh the strategic consequences of where and how they file their cases.
Venue Shopping and Forum Disputes
Attempting to file in a state purely for strategic advantage, often referred to as venue shopping, can raise red flags. Courts may reject such filings or transfer the case to a more appropriate jurisdiction.
Still, forum disputes are common in interstate divorce. Whether you're initiating or responding to a cross-border filing, we provide the analysis and advocacy needed to defend your position and challenge improper filings when necessary.