Different states and different countries have laws that can significantly affect the outcome of a divorce.
A prime example is a high profile case reported in the New York Post .Tracey Hejalian-Amon is the wife of a wealthy estranged husband, Swiss businessman Maurice Alin Amon. The couple has been married for eight years, and Hejailan-Amon has filed for her divorce with a Manhattan judge because she wants to have the case heard in New York.
The couple has multiple residences, which are in Monaco, France, Switzerland and New York. Hejailan-Amon’s lawyer argues that she spends enough time in the New York apartment that it should be considered her legal residence.
Monetary Advantages of a NY Divorce over a Monaco Divorce
The main reason for filing in New York is the legal advantage of trying the case under New York divorce laws over trying based on Monaco divorce laws. Under Monaco divorce laws, spouses can take back the gifts that they gave to the other spouse during marriage. The gifts that Hejailan-Amon received included a $15 million Fifth Avenue apartment, jewelry, cars, art and furnishings, totaling in value around $70 million. Under NY divorce law, the $25 million art collection the couple acquired during marriage would likely be considered community property and be subject to property division.
In addition to keeping the gifts, Hejailan-Amon is seeking $235,000 a month in alimony.
In a case involving considerable assets, establishing the jurisdiction where the case is heard may be one of the most important legal strategies involved in the case. The Manhattan judge said she would rule within 60 days on whether the divorce could proceed in New York.
If you face issues regarding divorce or have questions about various legal strategies, Attorney Chris Palermo will be glad provide you with reliable legal guidance and help you make informed decisions.