QUESTION
How do I file divorce papers if the marriage occurred in a different state?
Asked on Jul 07th, 2012 on Divorce - California
More details to this question:
My boyfriend is looking to get a divorce and we’re not really sure where to start. He was married in Virginia while they were in the military and he now lives in New York with me and our daughter. His wife lives in Texas with their 1and a half year old daughter. She has told him she won't sign the divorce papers and they have been separated for almost a year. She makes it extremely difficult for him to talk to his daughter on the phone and up until now he has not sent her child support due to the fact that he has been unemployed. She also stated she won’t give him an address for him to even get divorce papers sent. He wants to be able to have visitation and maybe even custody of his daughter.
16 ANSWERS
William C. Gosnell
Yes.
Answered on May 29th, 2013 at 1:11 AM
Dennis P. Mikko
Jurisdiction for the filing of a divorce would be in the place where the person filing resides. However, in your case, New York may not be able to assume jurisdiction of the child custody issues. You would have to speak with an attorney in New York.
Answered on Aug 07th, 2012 at 1:38 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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My research indicates that the only place he could file for divorce would be in the State of Texas. Texas law requires that his spouse has been a resident of Texas for more than 6 months and the case would have to be filed in the County where she has resided for the past 90 days in order for the Texas court to have jurisdiction to grant him a divorce. Texas is a "no fault" divorce state so he wouldn't have to worry about grounds for divorce. She would have to be served with the papers and there is a 60 day "cooling off period" before a divorce can be granted. Because there is a child of this marriage it would probably take longer for the divorce to be granted because there would be an investigation needed for child support considerations.
Answered on Aug 06th, 2012 at 4:34 PM
You file your divorce papers in the state where you are a resident. The other side doesn't have to "sign" anything. file your papers and have the other side served with papers. if the other side does not respond within the time allowed by law you can take a default and get a judgment.
Answered on Aug 03rd, 2012 at 3:12 PM
You can file in your current state of residence as soon as you have met their residency requirements. You should consult a family law attorney in New York.
Answered on Aug 03rd, 2012 at 1:43 PM
Barbara A. Fontaine
From what you say, I would recommend getting an attorney in Texas, as that is where the child lives. You can start by getting names from the Texas Bar Association. Call a few, and you can start by mail. Best wishes on getting visitation with your daughter. Obviously, not supporting the child is not a help.
Answered on Aug 03rd, 2012 at 1:30 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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The place of marriage is irrelevant to where a divorce must be filed. Residence of the spouses determines the proper forum for the divorce and in this case it would appear that the divorce could be handled in either NY or TX. But, neither state can handle everything because each of them lives in another state and would have to agree to have one court deal with all of the financial issues. However, since the child is in TX and has apparently never lived in NY, only TX can decide issues related to custody and visitation with the child. Divorce cases do not require her to sign anything - she just has be served the paperwork in person - and basically she probably cannot prevent the divorce itself. If the husband knows what city she lives in, it is not impossible for the local sheriff to find her in order to serve the divorce papers. He needs to contact a lawyer in the county where she is living for assistance in pursuing the case.
Answered on Aug 03rd, 2012 at 11:28 AM
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Joanna Mitchell & Associates, P.A.
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It doesn't matter what state he was married in. What matters is which state has jurisdiction now. Because the minor child lives in Texas, Texas would have jurisdiction over all child issues. He needs to consult with and retain an attorney in Texas to assist him. There are ways to get people served, even if they don't want to be. Good luck!
Answered on Aug 03rd, 2012 at 11:25 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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Your husband can file for divorce in New York and make the claim she took the child against his consent and has refused any contact. You need to hire an attorney in New York, the fact they are not divorced is in his favor as far as getting the child back, what she has done could be considered parental abduction and aside from filing criminal charges taking the child from her is a remedy courts often order.
Answered on Aug 03rd, 2012 at 9:14 AM
Alternative Dispute Resolution Attorney serving Coral Gables, FL
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Robert J. Merlin, P.A.
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This is really complicated. The divorce should be filed in the state where he and his wife last lived together. He can file in Texas, but it is hard to know which county to file in if he does not know here address. He should do an Internet check for her. He also has the ability to file in New York, but all they can do there is to dissolve his marriage. At some point, he needs to find her and file where she is living with the child. He should see if he is eligible to get a pro bono (free) attorney. Check with your local courthouse.
Answered on Aug 01st, 2012 at 8:53 PM
You MUST meet California's residency requirements to petition for divorce in Californis. Either you or your spouse must have lived in: California for the last 6 months, AND The county where you plan to file the divorce for the last 3 months. For more information on filing for divorce in California I suggest you look at the CA Court Self-Help website at http://www.courts.ca.gov/selfhelp-divorce.htm and contact a lawyer such as myself for further assistance and legal representation.
Answered on Aug 01st, 2012 at 8:52 PM
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James T. Weiner, P.C.
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Why does this question state you are in Michigan? Not NY? It does not matter where he was married.. but he can file anywhere he has established permanent residence (in MI its 180 days in the State and 10 days for venue in a specific county) He then must make attempts to serve her... if he does not know her whereabouts he can file a motion for alternate serviceThen he must notify her as the courts require in the order granting the motion. She does not have to sign anything;.... This procedure can get complicated so It will be best if he hires and attorney to proceed.
Answered on Aug 01st, 2012 at 8:39 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You are not required to file for divorce in the same state that you married. You can file for divorce in the State of Residence of either party (most file in their own state and County). He should probably talk to a divorce attorney in New York to inquire about both the divorce. If his daughter lives in Texas, however, he will need to file a motion there to obtain custody and visitation orders.
Answered on Aug 01st, 2012 at 8:34 PM
Criminal Defense Attorney serving Calabasas, CA
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Law Office of Bernal P. Ojeda
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He should file where his daughter lives.
Answered on Aug 01st, 2012 at 8:27 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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I don't know about New York law. In Michigan, any person can file for divorce after living in Michigan for 180 days and in the county where you filed the divorce for 10 days before filing. After the spouse is served, she will be defaulted and a divorce will be granted regardless of the future spouses objections. Seek the advice of a NY based family law attorney.
Answered on Aug 01st, 2012 at 8:27 PM
Leonard A. Kaanta
I can't answer your question, I practice law in Michigan and do not know Texas or New York law. Each state is different.
Answered on Aug 01st, 2012 at 8:27 PM