Kelsey Grammer to Get Married

Grammer, who is 55 years old, plans to wed girlfriend, Kayte Walsh, who is 29 years old, at the end of February 2011.  However, Grammer is not yet divorced from “Real Housewives of Beverly Hills” star Camille who is 42.  The couple has a hearing set for February 7 at which a court will consider whether to grant Grammer’s request to be declared legally single again.  The “Frasier” star has been keeping quiet on any wedding details, but has stated he’s eager for a private ceremony surrounded by friends.  

As he is still technically married to Camille, Kelsey may have a hard time tying the knot with his current flame.  Under New York Domestic Relations Law, for example, 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 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 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.