NY Co-Counsel for Out-Of-State Divorces

​WHEN A DIVORCE OUTSIDE NEW YORK RAISES NEW YORK LEGAL ISSUES, CO-COUNSEL IS ESSENTIAL

Many divorce cases require an understanding of New York law.

Divorce cases in other states or countries can sometimes involve legal matters that are governed by New York statute. In these situations, it is crucial to have experienced divorce co-counsel or a consultant who is knowledgeable about New York’s complex legal requirements and can provide advice and/or joint representation to protect and enforce clients’ rights.

When are New York co-counsel or advisory services needed?

Typically, New York legal issues arise in an out-of-state divorce when property or children are located in New York, or an agreement is governed by New York law. Common examples include:

• A party seeks assets in New York to enforce an agreement or judgment dividing property or providing spousal or child support. While the Full Faith and Credit Clause of the U.S. Constitution requires a state to recognize another state’s judgments, if assets are in New York, a party must still comply with New York’s laws and procedures to enforce the judgment in the state.
• A parent wants custody or parenting time with a child residing in New York. The law of the state where the child resides governs custody.
• The parties have a prenuptial, post-nuptial, separation or divorce settlement agreement that was signed in New York. Even if one or both parties now reside in another state, New York law can apply when interpreting the agreement, particularly if there is a clause in the agreement providing that New York law governs.
• A party needs to serve a subpoena in New York to obtain information located in New York for discovery. New York is part of the Interstate Discovery and Depositions Act. An out-of-state subpoena must be given to a New York attorney who attaches it to a New York subpoena and serves both subpoenas on the individual or organization from which the information is sought.
• An out-of-state judge or attorney wants advice or a legal opinion on how New York law would apply to an issue. A New York attorney can provide guidance on a consultative basis, testify in an expert witness capacity and/or submit a sworn affidavit.

Lawyers seeking New York co-counsel.

When out-of-state lawyers need help with New York law or procedures, finding the right New York divorce lawyer can be challenging. The attorney must be highly experienced in the intricacies of New York divorce and family law and understand how it applies in cases brought in other jurisdictions.

Let’s talk about your needs

If you are representing a client outside of New York and are seeking guidance from a New York divorce attorney, contact our office. We have extensive experience working with attorneys in other states and countries and can provide consulting or co-counsel services to meet your needs and protect your clients.