What Is Known As an Ex-Parte Divorce?

by Nicole Leigh
A judge can grant an ex-parte divorce if you meet all procedural requirements.

A judge can grant an ex-parte divorce if you meet all procedural requirements.

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When a couple divorces, in most cases the divorce proceeding takes place in the state where the couple lives. However, some circumstances may arise where one of the parties is domiciled, or has legal residence, in another state, and does not participate in the divorce proceeding. This is called an ex-parte divorce.

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Put Them on Notice

Generally, a court can hear a divorce case if one of the spouses resides in the state or county where the court is, even if the other spouse lives in another state. To obtain a valid ex-parte divorce decree, you must ensure that you provide your spouse who is residing in another state with proper notice of the divorce proceedings. If your spouse receives proper notice, chooses not to participate in the divorce proceeding and you meet all other procedural requirements, the judge will grant an ex-parte divorce. Since each state has different jurisdictional and notice requirements, it is a good idea to consult an attorney before you file for divorce, or to use an online legal document service to prepare and file your divorce paperwork.