Divorce Action Dismissed

Prior results do not guarantee a similar outcome.

MARCH 2013

The firm was successful in filing an application seeking to dismiss a divorce action pending in New York State where both parties resided in the State of North Carolina, but where the Husband, who was an officer of the military, argued that he was domiciled in New York and therefore, New York had jurisdiction over the divorce matter. The Court determined that the doctrine of forum non-conveniens permits a court to dismiss an action when it is determined that the action, although jurisdictionally appropriate, would be better adjudicated elsewhere, and in this case in the State of North Carolina. The Wife successfully argued that parties have resided in North Carolina since 2010, purchased a home and Wife has made North Carolina her permanent home, obtaining a driver license, registering to vote, opening a bank account and registering her vehicle, all in the state of North Carolina. In addition, due to her health issues, Wife argued that it would be a burden to litigate the matter in New York. The Court agreed with the Wife and dismissed the Husband's pending divorce action in its entirety.