It has been reported that Kobe Bryant’s wife, Vanessa, filed for divorce based on irreconcilable differences, ending their 10 year marriage. The couple is divorcing despite having stayed together after experiencing allegations that Kobe Bryant sexually assaulted a Colorado woman in 2008 and after the basketball star admitted he was unfaithful to his wife. Vanessa Bryant is seeking joint legal and physical custody of their two daughters as well as spousal support. Kobe Bryant has an estimated worth of around $200 million which he accumulated during his 15 year career with the Lakers. There is no indication that the couple signed a prenuptial agreement. As a result, the basketball star may have to forfeit half of his assets in the divorce proceeding. Read Full Article.

Under New York Domestic Relations Law, in order to be able to seek a divorce decree from the NY courts, the petitioner must satisfy a residency requirement in order for the NY court to have jurisdiction over the marriage. Under New York law, a petitioner would need to prove a spouse had some kind of permanency in NY. The petitioner or respondent must plead and prove to be a NY domicile before he or she is able to plead a prima facie matrimonial cause of action, as well as avoid a civil practice, CPLR 3211(a)(7), motion to dismiss the case for failure to state a cause of action. There are 3 ways to satisfy the NY residency requirement:

1. Allege that either spouse has been a NY resident for a continuous two year period, immediately before commencement of the action

2. Where both spouses are NY domiciliaries when the action is commenced, and the matrimonial cause of action arose in NY? In this case, there is no minimum residency requirement.

3. Petitioner can simply allege that either party has been a NY resident for one continuous year before the commencement of the matrimonial action and both parties were married in NY, or the matrimonial cause of action arose in NY, or both parties resided in NY as husband and wife.

Note that domicile and residency are used synonymously in this statute (See Domestic Relations Law Section 230).

Leeds, Morelli & Brown, P.C. seeks to obtain divorce judgments which will be most favorable to their clients. Our attorneys have represented clients in Nassau and Suffolk counties, Manhattan, Queens, Brooklyn, Bronx, and Staten Island. For any questions, contact an attorney at the Leeds Morelli & Brown P.C. law firm for a free consultation at 1-888-585-4658. Leeds Morelli & Brown P.C.’s divorce website is located at www.lbdivorcelaw.com.