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I have a pending legal separation that I need to complete. My wife served me with legal separation papers on 4/25/07. I responded in timely fashion, but unfortunately the attorney that I had did not file my income disclosures. When you look at the court case is still says pending. I live in Yonkers and Southern California because my business requires travel. The court case is being held in the Long Beach courthouse.
I would like to start over and file for a divorce in the state of New York. The reason being is that my wife is making claims to a property that I secured after we separated (not legally, but we no longer lived together), which is located in Westchester County. We were married for less than two years. Please advise on how I can go about filing the appropriate papers.
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Dear Yonkers Husband:
Although I am not admitted in California and cannot advise you about its matrimonial laws and procedures, I have practiced matrimonial law in New York for almost 30 years.
Kindly call me at 914-946-6555 and let's discuss this matter in greater detail. If necessary, we will confer with Cal. Counsel, however, I am confident that I can assist you with a Divorce Action in New York.
If I am not in when you call, please leave all contact telephone #s so that I may return your call asap.
Very truly yours,
Ken Busman
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You do not state what sort of action is pending in California. And while you say that it is still listed as a pending case, you appear to believe that may be an error. I assume that the California case is an action for divorce. If that is so, and the case is still pending there, you will not be able to "start over" unless you get the California case dismissed. If the California court granted your wife a divorce, then New York will recognise the divorce and will not take the case. So, whether your wife got the divorce or the case is still pending, upon being served with New York papers, your wife will ask the New York court to dismiss your complaint because there is no longer a marriage to dissolve, or there is an identical action pending in California. In either case the New York will dismiss it.
I assume that you no longer communicate with your former laywer, the one who failed to file your financial disclosure forms. You should check with his office or with the court in California to learn the present status of the California case. You need to know if the case is still open, and if it is, you will need to engage counsel to resolve it for you. If the case is closed, it can only mean that your wife got a divorce from you, or that her case was dismissed for some reason.
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