What Is Known As an Ex-Parte Divorce?

By Nicole Leigh

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.

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.

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What Is a Unilateral Divorce?

Unilateral divorce describes a divorce in which one spouse terminates the marriage without the consent of the other spouse. Spouses can do this by filing for divorce on no-fault grounds, which allows couples to divorce regardless of whether the other spouse consents and without casting blame on the other spouse for the marriage coming to an end. Regardless of the state you live in, you may file for no-fault divorce.

Is There a Public Notice for a Divorce in the State of Virginia?

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How Do I File for Divorce in Oregon?

In Oregon, divorce is called dissolution of marriage. Either spouse can file for dissolution and must do so in accordance with the procedures set forth in the Oregon statutes. During the dissolution proceeding, a court may divide marital property, award alimony, decide custody issues and terminate the marriage.

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