Where Can you File for a Divorce When Your Spouse Resides in Another State?

By A.M. Hill

In most divorces, the separating couple will remain in the same state -- probably even the same county or town. Filing the initial paperwork for a divorce is a straightforward process when the parties live in the same jurisdiction. In some situations, however, one or both spouses move to another state. In these cases, it is important to familiarize yourself with residency requirements before you file for divorce.

In most divorces, the separating couple will remain in the same state -- probably even the same county or town. Filing the initial paperwork for a divorce is a straightforward process when the parties live in the same jurisdiction. In some situations, however, one or both spouses move to another state. In these cases, it is important to familiarize yourself with residency requirements before you file for divorce.

Residency Requirements

If you and your spouse live in different states, you can bring a divorce action in either state as long as you or your spouse meets that jurisdiction's residency requirements. The majority of states have minimum residency requirements, with most ranging between six months and one year. It does not matter where your marriage took place. As long as you have lived in your state for the required length of time, you can file for divorce in that state, even if your spouse resides in another state.

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Complications With Children

Even if you have lived in a state long enough to meet the residency requirements, the same might not be true for your children. If you have minor children who live with your spouse, the courts in your home state will not have the authority to decide custody issues. The Uniform Child Custody Jurisdiction and Enforcement Act has been adopted by every state except Massachusetts. Under the UCCJEA, a child must live in one state continuously for six months before that state's courts can rule on their custody. For this reason, it might be necessary to file for divorce where your children reside.

Property Considerations

Although you can file for divorce in any state where you or your spouse have currently established residency, problems can arise when your assets are located in another state. Filing for divorce in one state when the majority of your property is in another state adds a layer of complication to the divorce. Although courts in different states have disagreed about how to divide out-of-state property, the trend is to apply the law of the state where the divorce was filed. If you own significant assets outside your home state, there may be benefit to filing where your property is located.

Choosing the Best State for Your Case

When you and your spouse live in different states, you usually have the option to file in either jurisdiction. If you are still on friendly terms, discuss which state is more likely to offer you a favorable outcome. Known informally as "forum shopping," this practice allows couples to select the state with laws that best complement their specific circumstances, including property division and custody issues.

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Divorce & Jurisdiction

References

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Reasons to Change Jurisdiction in Child Custody

Changing jurisdictions during your divorce can complicate matters, but it’s not always possible or desirable to stay in one jurisdiction until the process is complete. You may want to move closer to your family or you may feel another state’s laws are more sympathetic to your situation. However, you may not be able to legally move your children to another jurisdiction.

What Is the Process of Getting Divorced While in Different States?

Marriages break up in different ways. Some marriages erode while the couple is living together and others dissolve after there's been a separation. At some point, the husband and wife start living apart, sometimes in different cities and states. Getting divorced while you and your spouse live in different states is a bit more complicated than getting divorced when you live in the same community.

Can You File for Divorce Anywhere?

The divorce process is governed entirely by state law. Often, significant differences between states regarding the recognized grounds for divorce and how matters related to custody, property, and spousal support are decided. However, you are not free to simply file in any jurisdiction you choose; you must meet the state specific residency requirements. These laws require you to have some connection with the state before pursuing a divorce action.

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