Weiss v. Weiss

29 Misc. 3d 1202(A), 958 N.Y.S.2d 311 (Table), 2010 WL 3781286, 2010 N.Y. Slip Op. 51671(U) (2010)

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Weiss v. Weiss

New York Supreme Court
29 Misc. 3d 1202(A), 958 N.Y.S.2d 311 (Table), 2010 WL 3781286, 2010 N.Y. Slip Op. 51671(U) (2010)

Facts

Bruce Weiss (defendant) and Elizabeth Weiss (plaintiff) were married in April 1986 and separated several years before Elizabeth filed for divorce. In May 2008, Bruce commenced a suit for divorce in Clark County, Nevada, with a complaint that stated Bruce was a bona fide domiciliary in Nevada for six weeks before the filing of the suit. In June 2008, Elizabeth found copies of Bruce’s summons and complaint taped to her door in Brooklyn, New York. In August 2008, the court in Nevada granted Bruce a final decree of divorce. In September 2008, Elizabeth filed a complaint seeking a declaration that the Nevada decree of divorce was invalid. Elizabeth asserted in her complaint that Bruce was not a bona fide domiciliary of Nevada and did not meet the requirements for divorce decree in Nevada. Elizabeth further asserted that Bruce was still living and working in New York during the relevant six weeks before Bruce filed the divorce action in Nevada. Elizabeth furthermore asserted a controversy exists about whether she and Bruce are husband and wife and about how the couples’ assets should be divided. Issue was joined in October 2006, and Bruce filed an answer denying Elizabeth’s contention. Bruce made a motion for an order dismissing Elizabeth’s complaint for lack of jurisdiction or, in the alternative, changing the venue of the suit to Clark County, Nevada.

Rule of Law

Issue

Holding and Reasoning (Sunshine, J.)

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