In some cases, people to travel to other states to get a divorce. Sometimes, it is more difficult and expensive to obtain a divorce in New York. Some people do this because all or some of the property acquired during the marriage is only in thier name. They think if they go to Vegas, or head down to Florida they can get a divorce and pay thier spouse nothing. This is not the case. If marital property is located within New York, or there is a current order of spousal support from Family Court, The Courts in New York can still divibed the marital property....
The appellate division recently ruled on this issue.
Supreme Court, Appellate Division, Second Department, New York.
Law Offices of Brian D. Perskin
In the Matter of Thomas SANNUTO, Jr., appellant,
v.
Jeannette PALMA-SANNUTO, respondent.
Aug. 8, 2006
STEPHEN G. CRANE, J.P., ROBERT A. SPOLZINO, STEVEN W. FISHER, and ROBERT J. LUNN, JJ.
In a proceeding pursuant to Family Court Act article 4 to terminate spousal support, the petitioner appeals from an order of the Family Court, Suffolk County (Simeone, J.), dated October 5, 2005, which denied his objections to an order of the same court (Grier, S.M.) dated August 15, 2005, which, without a hearing, granted the motion of the former wife to deny the petition and denied his cross motion to stay the proceeding.
ORDERED that the order is affirmed, with costs.
A divorce judgment of a sister state made in an action in which both parties were subject to the personal jurisdiction of the court is entitled to full faith and credit by the courts of this State (see Somma v. Somma, 19 A.D.3d 477, 477, 797 N.Y.S.2d 523; Green v. Green, 246 A.D.2d 627, 628, 669 N.Y.S.2d 48). However, the procurement of an ex parte judgment of divorce only dissolves the marital status of the parties, and has no effect upon the property held by the parties outside the jurisdiction of the State issuing it (see Somma v. Somma, supra at 478, 797 N.Y.S.2d 523; Young v. Knight, 236 A.D.2d 534, 534-535, 653 N.Y.S.2d 673; Mattwell v. Mattwell, 194 A.D.2d 715, 716, 600 N.Y.S.2d 98).
Contrary to the petitioner's contention, "a New York support order is not terminated by a subsequent out-of-State divorce decree when the foreign State does not acquire in personam jurisdiction of the New York domiciled spouse in the divorce action" (Matter of Rochetti v. Rochetti, 236 A.D.2d 543, 544, 653 N.Y.S.2d 676; see Matter of La Duke v. La Duke, 110 A.D.2d 930, 931-932, 487 N.Y.S.2d 178; Matter of Slemons v. Slemons, 28 A.D.2d 634, 280 N.Y.S.2d 276). The record clearly established that the Florida court which dissolved the parties' marriage by a decree dated December 16, 2005, did not have in personam jurisdiction over the former wife. Thus, the petitioner failed to make a prima facie showing of entitlement to relief and the petition was properly denied without a hearing (see Matter of Fein v. Gilchrist, 23 A.D.3d 558, 559, 807 N.Y.S.2d 600; D'Alesio v. D'Alesio, 300 A.D.2d 340, 341, 751 N.Y.S.2d 774).
The petitioner's remaining contention is without merit.