QUESTION

What can I do if I’m trying to get divorced as quickly as possible but my wife and I live in different states?

Asked on Jun 10th, 2014 on Divorce - California
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13 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Reach an agreement with her on all matters . the divorce, child custody and support, property division, alimony, etc. then you can get divorced in the minimum time legally allowed In Michigan that is 60 days if there are no minor children of the marriage and 6 months if there are minor children of the marriage.
Answered on Jun 16th, 2014 at 10:46 AM

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Bruce Provda
You can only file in the state in which you have established residency which in NY is about 6 months.
Answered on Jun 12th, 2014 at 8:17 PM

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Real Estate Attorney serving Gainesville, FL
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File for divorce and get her served and then proceed accordingly.
Answered on Jun 12th, 2014 at 8:17 PM

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My first suggestion is that you pick a state to file in. Then, I would put together all of the paperwork that is needed to complete a divorce. The best way to control the timing of a divorce is to have all issues resolved and in writing before you file then file EVERYTHING needed to complete the divorce at once. Here?s the list. 1) Case Information Sheet. 2) Petition for Dissolution. 3) Husband/Father's Sworn Financial Statement. 4) Wife/Mother?s Sworn Financial Statement. 5) Husband/Father's Certificate of Compliance with Financial Disclosure. 6) Wife/Mother's Certificate of Compliance with Financial Disclosure. 7) Separation Agreement and Parenting Plan. 8) Affidavit for Decree of Separation without Appearance of the Parties. 9) Proposed Decree. If you do not have agreement on all issues, or your wife will not cooperate in putting together the paperwork, the best way to get the divorce done quickly is to file the Petition for Dissolution asap, at least that will get the process started.
Answered on Jun 12th, 2014 at 8:17 PM

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Adoption Attorney serving Baton Rouge, LA
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Ask her if she will waive formal service of process. If she will, file suit and send her a copy with a Waiver of Service.
Answered on Jun 12th, 2014 at 8:17 PM

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Divorce & Family Law Attorney serving Salt Lake City, UT at Utah Family Law LC
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In Utah, the law is that as long as one of you is a resident of the state of Utah (meaning that one of you has resided in Utah for no less than three consecutive months), can file for divorce in the state of Utah. Now do not confuse the fact that you can file for divorce in the state of Utah with Utah having jurisdiction over your spouse who lives in another state. This next part is a little tricky to explain. There are at least two jurisidictional components to a divorce. Jurisdiction simply means the power of a court to decide cases and issue orders. Utah can have jurisdiction over dissolving your marriage (as opposed to the court's power to divide your marital property and/or award alimony) if at least one of you is a resident of the state of Utah. This is known as "in rem jurisdiction" or jurisdiction over the thing, the "thing" being the marriage itself, not the marital property. Utah can also have jurisdiction over any child custody disputes if Utah qualifies as the "home state" of the children. I won't go into detail here about what criteria you have for Utah to be considered the home state of the children other than to say the children must have resided in the state of Utah no less than six months prior to the date of the filing of the case. Then there is the question of jurisdiction over the "marital estate." Your marital estate consists of the property that is acquired during marriage and that is subject to distribution or division at the time of marital dissolution. Generally, it is property acquired after the date of the marriage and before a spouse files for separation or divorce. To have jurisdiction to decide issues of division of marital property and spousal support, a court must have "in personam" jurisdiction, meaning jurisdiction over the person against whom you are seeking an award of marital property and/or alimony. OK, stay with me. The court?s in personam jurisdiction over a defendant is not required to terminate the marriage. In rem jurisdiction is sufficient since the court is merely adjudicating a status (marriage), rather than creating or dissolving specific duties and obligations. While a court with in rem jurisdiction may, despite a lack of actual jurisdiction of the person of the defendant, render a valid divorce decree, a court lacking in personam jurisdiction may not adjudicate personal rights, such as property and support rights, in divorce cases. (See Am. Jur. 2d, Divorce, ? 579. Personal jurisdiction) A spouse that obtains a decree of dissolution of marriage without obtaining personal jurisdiction over a respondent spouse who may be out of the state or the United States may later obtain personal jurisdiction over the respondent former spouse and then file a proceeding for maintenance, division of marital property, or temporary orders. (Id.) Thus, just as a trial court, generally, may not determine financial issues absent personal jurisdiction acquired pursuant to statute or by consent, the trial court in a divorce proceeding must have personal jurisdiction over a nonresident defendant in order to determine issues of spousal support and property division, even if the nonresident defendant is the spouse seeking alimony. (Id.) A court may obtain personal jurisdiction over a party to a dissolution action through: (1) personal service of process; (2) constructive service (like service by publication); or (3) the party's consent, which may occur by an express waiver, by inadvertence or by the appropriate entry of an appearance or by undertaking to litigate in a court. (Id.) As you might conclude at this point, if you have questions about divorce where spouses live in different state and about jurisdiction, consult a good lawyer to ensure you make no mistakes.
Answered on Jun 12th, 2014 at 8:17 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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In Florida an uncontested dissolution can be completed in less than 30 days. Both parties must agree on all issues and both must sign the settlement agreement.
Answered on Jun 12th, 2014 at 8:17 PM

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Domestic Relations Attorney serving Omaha, NE at Diane L. Berger
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It shouldn't matter that you live in different states. One of you must file in the state where you reside and the other would cooperate by signing a Voluntary Appearance and agreeing on resolving whatever issues there are.
Answered on Jun 12th, 2014 at 8:17 PM

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Get a lawyer.
Answered on Jun 12th, 2014 at 8:17 PM

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Dispute Resolution Attorney serving Seattle, WA at Law Offices of Helene Ellenbogen P.S.
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You can file the divorce in whatever state you lived in together assuming that was not too long ago. The minimum time will be controlled by the law of that state.
Answered on Jun 12th, 2014 at 8:17 PM

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You can file for divorce in the State and County in which you are a resident and have her served where she resides. The Clerk of the Court where you are a resident should be able to explain and guide you in the procedure for serving the Petition and other documents. Good luck.
Answered on Jun 12th, 2014 at 8:17 PM

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Family Attorney serving Sacramento, CA at Peyton & Associates
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The fastest it will happen in California is six months. File your papers and have her served where she lives.
Answered on Jun 12th, 2014 at 8:17 PM

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Arbitration Attorney serving Irvine, CA at Law Office of Linda K. Frieder
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It depends on the state you are living in.
Answered on Jun 12th, 2014 at 8:16 PM

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