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State Support Forums >> New York
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wireman
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Reged: 08/28/07
Posts: 87
Loc: Colorado
Re: Help me, help my dad. Please
      04/08/08 08:26 AM (71.212.248.147)
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KGrow is right, if his marriage is like most, he'll be lucky to get out with the settlement you've described, but he won't know that till he talks to a lawyer in HIS jurisdiction (or your mother's, maybe, if she files there), to find out what the numbers look like.

Again, good luck. [/quote]

>>>>In regards to "jurisdiction", she could file where she is at, but she probably won't get anything. When my stbx took off to the other state, she filed for a TPO and a divorce. During our hearing (which was dismissed with prejudice), it was bought to the courts attention that even if the divorce were to occur in her new state, they could NOT enforce any of the division of property because it is in another state. So even if she files elsewhere, she would have no way of acquiring any of the assets held in your dads original state. That should also apply to all holdings in his name including his pension. So he could just sit and do nothing and let her make the next move. If she files in the new state, she could get a ruling in her favor, but she would have no way to enforce the ruling in regards to assets as long as your father stays in the original jurisdiction. I had to file a "special appearance" in my stbx's new state to get it returned here, but my motivation was for issues relating to our son, not the property issues.<<<<

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Subject Posted by Posted on
* Help me, help my dad. Please DaddysGirl 02/18/08 10:53 PM
. * * Re: Help me, help my dad. Please KGrow   02/19/08 09:33 AM
. * * Re: Help me, help my dad. Please gigi   02/18/08 11:44 PM
. * * Re: Help me, help my dad. Please DaddysGirl   02/19/08 12:48 AM
. * * Re: Help me, help my dad. Please gigi   02/19/08 10:43 AM
. * * Re: Help me, help my dad. Please wireman   04/08/08 08:26 AM

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