Legal Separation NY, Divorce CA Possible?

This is a discussion on Legal Separation NY, Divorce CA Possible? within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I am filing for legal separation in NY. But since I have been planning to move to CA, I was ...

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Old Mar 31st, 2010, 08:14 PM   #1
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Confused Legal Separation NY, Divorce CA Possible?

I am filing for legal separation in NY. But since I have been planning to move to CA, I was wondering how a legal separation signed/executed in NY affects divorce proceedings in California (a separation in NY does not involve courts). If I moved to CA immediately after filing the separation, would the judge in CA accept divorce after 6 months of establishing residency? Or would I have to start again?
Importantly, can a settlement and/or separation agreement made in NY be incorporated into a divorce judgment in CA?
Can/should the separation or settlement agreement specify governing law of NY, CA, or both?

Last edited by bartosriv0; Mar 31st, 2010 at 08:22 PM. Reason: technical error
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Old Apr 2nd, 2010, 08:42 AM   #2
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Default Re: Legal Separation NY, Divorce CA Possible?

I wish to inform you that legal separation agreement can be entered in NY and the same agreement will be recognized in CA provided it fulfills the necessary legal requirements of CA law. Divorce can generally be filed where either of the parties is living. In case of divorce, a suit may be filed in both the states then both the suits will be heard by the same judge and will then decide as to which court will have jurisdiction. Once a legal separation agreement is made and the same agreement complies with the laws of the state then it will be valid in that state. Basis of jurisdiction of divorce generally is that where one of the party resides.

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