Can you get divorced living in different states?

Can you get divorced living in different states?

If you and your spouse live in different states, you may divorce in either state in which one of you has met the residency requirements before filing. It may be to your advantage to file before your spouse, to save yourself the fees associated with traveling to the other state for court appearances, for example.

Can a spouse file for divorce in a new state?

If you or your spouse just moved to a new state, you will have to wait until you can meet the residency requirement or you must file in the state where one of you can fulfill the residency requirement. Choice of Law Whether you choose to file for divorce in your home state or your spouse’s may depend on a number of cases.

When to move after filing for a divorce?

If its residency requirement is only a month or so, and if its other divorce laws are favorable to your personal situation, you might want to move first, then file for divorce in your new jurisdiction. This is especially true if you have children.

Can a divorce case be moved out of State?

Moving farther away than a few freeway exits to be closer to extended family, however, can complicate your situation. If your divorce was filed in County A, for instance, and you’ve just moved across the state to County X, you shouldn’t expect to have the case move with you, even if you’re the one who filed it.

Do you have to stay in the state after filing for divorce?

When you do file, jurisdiction requirements over you are satisfied, so you don’t have to stay. If you and your spouse have children, and if you’ve already filed for divorce, you should confer with an attorney before leaving your state.

Can a spouse file for divorce in another state?

Instead, you can only file in the state where you or your spouse meet the residency requirement. Before a court will hear a case, one of the spouses must be able to meet the residency requirement.

Do you need to know where to file for divorce?

Since divorce forms vary from state to state, and even county to county, you’ll want to pin down where you’re going to file before you begin. Divorce laws vary from state to state, so it’s important to understand the rules where you live and how they will affect your case.

How long does a spouse have to live in a state to file for divorce?

In other words, in order for a spouse to file for divorce in a certain state, at least one spouse must have been a resident of that state for a certain amount of time. The required length of residency varies by state. Generally, it’s at least six months, although some states only require 60 or 90 days.

Is it legal to move out of state after divorce?

This is because any legal custody agreement or visitation order is an official command from the court, detailing places and times when the other parent has a legal right to see the children. Moving far away is sure to impair that schedule, so the order must be modified before you can do it.