When You’re So Far Apart You’re in Different States: The New York Litigated Divorce

Divorce is a scary situation for most people, and is often depicted in terms of limitation and loss: Your finances, freedom, and decision-making power concerning your future are all suddenly limited by the desires of your soon-to-be former spouse.  Many people assume that achieving a New York litigated divorce means ‘treading water’ for weeks or months.

The fact is, you can move forward with your life even while dealing with a litigated divorce in New York – that includes moving to another state, even if you and your spouse do not agree on all the issues of your separation.

The Greens

A client of ours, Mr. Green, moved from New York to Florida when his marriage became untenable, because Florida provided a better employment option for him.  The Greens had no children but a reasonably complex financial relationship, and they did not agree on all aspects of the settlement.

Despite the fact that Mr. Green was living and working in Florida and not New York, we represented him in connection with his divorce.  One of the strategies that we implemented involved a joint meeting where he flew into New York and we meet with his wife and her counsel, and during the meeting we resolved all the issues in a few hours.  A few weeks later a draft of the agreement was circulated and signed off on. In the end, the longest part of the whole process – despite the spouse living in different states and not immediately agreeing on all issues – was waiting for the judge to approve the agreement.

Divorce is an ending, but it does not mean you have to stop and hold your breath until it is resolved.  A willingness to meet and discuss issues, with the guidance of experienced attorneys, can almost always overcome these limitations, no matter how much distance (geographic or otherwise) is between you.

If you or someone you know is in a similar situation, contact our office at 646-472-7971 to schedule a strategy session.

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