QUESTION

If a soldier who is stationed in one state but still has residency in his home state, where should he file for divorce?

Asked on Apr 04th, 2013 on Divorce - California
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6 ANSWERS

Litigation Attorney serving San Antonio, TX at Graves Law Firm
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He can probably file in either place, depending on how long he's been on station, but he's likely to save himself some grief if he files in the state where his wife is.
Answered on Apr 05th, 2013 at 3:29 PM

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File where stationed as the other side is probably there also and it'd be easier for court hearings.
Answered on Apr 05th, 2013 at 10:01 AM

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John Arthur Smitten
You can file the case in either state.
Answered on Apr 05th, 2013 at 4:27 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Generally, I would believe that the better than you would be in his home state.
Answered on Apr 05th, 2013 at 2:12 AM

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Commercial Contracts Attorney serving Boise, ID at Peters Law, PLLC
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It would be simpler if you and your spouse are in the same state. In that case, file there. If your spouse is in your home state, that may be easier. If you are both in different states, file where you are located.
Answered on Apr 05th, 2013 at 1:41 AM

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I believe he can file in either County, and may want to look into the laws of community property and spousal support in each by contacting lawyers in each place. If it appears there may be significant court appearances (disagreements over custody, visitation, child support, spousal support, division of assets, division of debts), then he may want to consider which forum will be easier for him to attend court hearings. His wife may also move to have the case heard where she lives, if that is one of the places that he could have filed, so it may cause delay if he makes it inconvenient for her. There are many factors to consider and he should consult an attorney to discuss the exact situation.
Answered on Apr 05th, 2013 at 1:35 AM

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