Divorce Law Attorney New York City, Manhattan
Any divorce proceeding has the potential to become a messy, complicated affair with conflicting claims and differing versions of events. The complications only increase if your spouse is outside of New York. Conflict of law issues, child custody issues, and differences in property law regimes all come to the forefront in interstate divorce. This is why you need a top divorce attorney to handle your interstate divorce case.
There are no cookie-cutter solutions and no easy answers when it comes to interstate divorce, but an experienced New York divorce attorney can help you navigate the maze of laws and regulations involved in a divorce that spans different jurisdictions. One of the first steps involved will be to figure out the jurisdiction in which the divorce papers need to be filed. In some cases one jurisdiction rather than the other will have the power to issue a binding divorce decree.
Further complicating matters are the rules on child custody, and which court has the authority to interpret these rules. The issues surrounding child custody are governed by the UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act), which contains a number of guiding principles for deciding which court is best equipped to rule on child custody matters. The UCCJEA is supplemented by another law called the PKPA, or Parental Kidnapping Prevention Act, which governs situations when one parent takes the children out of the state in which the other parent is located.
If all of this sounds extremely complicated and confusing, rest assured that you are not alone. Diefenbach Law Firm can help you navigate the complex rules and regulations surrounding an interstate divorce.