Legal Question in Family Law in New York
How Many Times Must You Physically Appear in Court?
A friend of mine in NYS wishes to live in another city in the USA, but is about to start divorce proceedings in NYS. If she is initiating an uncontested divorce, and there are no external factors in the case (custody, child support, diversion of assets, etc)
1) Must she be physically present in NYS, or can the papers be served & completed via mail, courier, etc?
2) If she *must* be present for filings/proceedings, what is the minimum/maximum number of times she must appear in NYS?
1 Answer from Attorneys
Re: How Many Times Must You Physically Appear in Court?
She must comply with the residency laws of NYS. She must be a resident at the time of filing, and must not take any action which would bring that residency into question.
Assuming no problems with residency, she is free to move to another state although to do so may put her at a disadvantage because of the distance involved.
She must return to NYS every time her presence is required during the divorce proceedings. If they are contested, that could be as many as 5-6 times. If not contested, she may never have to return if she has a lawyer who will attend to the details for her.
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