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The Jurisdictional Conundrum

By Alton L. Abramowitz
August 31, 2005

Part Two of a Two-Part Article

In last month's newsletter, we looked at the questions presented when a divorce action is capable of being brought in another state as well as in New York. Which forum should entertain the divorce action, particularly when an enhanced earning capacity issue is presented? One consideration, as discussed previously, is the “first-to-file” rule. However, there are other matters of importance the courts must think about before deciding to take on divorce actions that could be brought in other forums.

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