Champlain, NY Divorce Law Firms & Lawyers

Your wife is entitled to division (usually, but not always, 50-50) and a share of that portion of your pension that was accrued during the marriage, and whether either or both of you file bankruptcy has no effect on your wife's rights to a portion of your pension in divorce. Now if your pension is consumed by the bankruptcy, then your wife would not be entitled to any portion of your pension because the pension is no longer your property but that of the bankruptcy estate and will be used to pay off creditors and the bankruptcy trustee.

Make some calls. Ask your friends who they ised. Check rating services like Avvo. Then speak to at least two attorneys and discuss your goals and options.    From there you should be in a position to make a choice. 

For New York State Supreme Court to have jurisdiction over the parties (see DRL § 230) one of the following residency conditions must be satisfied: 1. The marriage ceremony was performed in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. 2. The couple lived as husband and wife in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in this state for a continuous period of one year immediately before the action began. 3. The grounds for divorce occurred in New York and either spouse is a resident of the state at the time of the commencement of the action for divorce and resided in the state for a continuous period of one year immediately before the action began. 4. The grounds for divorce occurred in New York and both spouses are New York residents at the time the action is commenced. 5. If the parties were married outside of New York and have never lived together as husband and wife in the state and the grounds for divorce did not occur in New York then, one spouse must presently be a resident of New York and have resided continuously in the state for at least two years prior to filing an action for divorce. Residing "continuously" in the state does not mean that the party can not have left the state during the period of residency nor does it mean that the party does not have another residence elsewhere outside New York. In your case, you do not meet the residence requirements and would need to live in NY for one year prior to being able to divorce in NY