QUESTION

Can a divorce be obtained in a different state other than the state the marriage was performed and if so how can I have it done immediately?

Asked on Aug 29th, 2012 on Divorce - Missouri
More details to this question:
N/A
Report Abuse

22 ANSWERS

Family Law Attorney serving Calabasas, CA at Shulman Family Law Group
Update Your Profile
Yes, but each state has a residency requirement before filing.
Answered on Sep 12th, 2012 at 12:26 PM

Report Abuse
Cohabitation Agreements Attorney serving Cincinnati, OH at Cathy R. Cook, Attorney at Law
Update Your Profile
States have different residency requirements. In Ohio, you must be a resident for 6 months to file for divorce. However, you may also have a problem about your spouse's residence. If a married couple never lived in Ohio together while married, Ohio does not have jurisdiction over the spouse.
Answered on Sep 06th, 2012 at 12:44 PM

Report Abuse
It must be filed in the state where you live.
Answered on Sep 06th, 2012 at 12:42 PM

Report Abuse
Litigation Attorney serving San Antonio, TX at Graves Law Firm
Update Your Profile
Yes, you can get a divorce in a state other than the one where you were married, but you generally have to have lived in the state where you get divorced for at least six months. Many states also have waiting periods. In Texas you generally can't get your divorce until sixty days after the petition is filed.
Answered on Sep 06th, 2012 at 12:40 PM

Report Abuse
Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
Update Your Profile
The divorce must be in the state of residence of at least one of the parties, in Michigan you must be a resident for 180 days prior to the date of filing.
Answered on Sep 06th, 2012 at 12:36 PM

Report Abuse
Family Attorney serving Sacramento, CA at Peyton & Associates
Update Your Profile
A divorce can be handled in the state of your residency. In California that is at least 3 months in the current county. The fastest any divorce can be finalized is six months from the date the other side is served with the divorce papers.
Answered on Sep 06th, 2012 at 12:35 PM

Report Abuse
A dissolution can be obtained in California so long as you have lived here for 6 months regardless of where the marriage took place. How quickly that can be done depends upon the issues and whether the parties can agree on how to resolve them. You should consult a family law attorney to assist you.
Answered on Sep 06th, 2012 at 12:12 PM

Report Abuse
Probate Law Attorney serving Colorado Springs, CO at John E. Kirchner
Update Your Profile
The state where the marriage took place is totally irrelevant to where a divorce can occur. Generally, unless you or your spouse now live in the same state where you were married, that state cannot grant a divorce. The divorce must take place in a state where you or your spouse live now. There are other facts necessary to decide which state if you are both now living in different states and you need to consult an attorney to find out more about your options.
Answered on Sep 06th, 2012 at 12:11 PM

Report Abuse
Family Law Attorney serving Chandler, AZ
2 Awards
The location of the marriage is not important; a divorce would be filed in the state that has jurisdiction over the parties (and their children). For example, to file for divorce in AZ, at least one of the parties must have lived here for at least 90 days before filing. I recommend you consult with an attorney to determine the appropriate state for filing your action.
Answered on Sep 06th, 2012 at 12:11 PM

Report Abuse
Business/ Commercial Attorney serving Seattle, WA at Wolfstone, Panchot & Bloch, P.S., Inc.
Update Your Profile
Either party may file for divorce in the state where they currently reside. Divorce does not need to be filed in the state wherein the ceremony was performed. How quickly the divorce can be finalized depends on the procedures in the state of filing; and whether you and your spouse are in agreement regarding the property and financial issues at play.
Answered on Sep 06th, 2012 at 12:10 PM

Report Abuse
Your marital status is the concern of the state where you live. The location of the ceremony is totally besides the point. Immediate is a relative term. It takes at least 6 months to terminate the marriage. However, you may begin immediately and start the 6 month clock running.
Answered on Sep 06th, 2012 at 12:09 PM

Report Abuse
Leonard A. Kaanta
A diorce is filed where the parties are living. There is no such thing as an immediate divorce.
Answered on Sep 06th, 2012 at 12:08 PM

Report Abuse
Marc John Weinpel
In order to file for divorce in Idaho, you must be a resident of Idaho for six weeks. It makes no difference where you were married. If you are a resident for 6 weeks you may immediately file.
Answered on Sep 06th, 2012 at 12:08 PM

Report Abuse
Alternative Dispute Resolution Attorney serving Ventura, CA at Zahn Law Office
Update Your Profile
The divorce should be fined in your current home state.
Answered on Sep 06th, 2012 at 12:07 PM

Report Abuse
Medical Malpractice Attorney serving Clermont, FL at Joanna Mitchell & Associates, P.A.
Update Your Profile
Yes. It doesn't matter what state you were married in. What matters is what state has jurisdiction over the matter. Florida requires you to be a resident for at least 6 months prior to filing for divorce in Florida. You need to consult with an attorney in order to determine where you need to file.
Answered on Sep 06th, 2012 at 12:07 PM

Report Abuse
Divorce & Separation Attorney serving Menasha, WI at Petit & Dommershausen, S.C.
Update Your Profile
Yes as long as you meet the residency requirements (6 months in the state, 30 days in the county you want to file in)
Answered on Sep 06th, 2012 at 12:06 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
Update Your Profile
Yes provided you meet jurisdictional requirements
Answered on Sep 06th, 2012 at 12:06 PM

Report Abuse
Adoption Attorney serving Baton Rouge, LA
Partner at Esposito Law Firm
1 Award
Yes, you need to file a petition for divorce to start the process.
Answered on Sep 06th, 2012 at 11:46 AM

Report Abuse
Immigration Attorney serving Madison, WI at Wren & Gateways Law Group, LLC
Update Your Profile
In Wisconsin (and most other states) you or your spouse must be a resident of the state and county where the divorce petition is filed.
Answered on Sep 06th, 2012 at 11:45 AM

Report Abuse
Alternative Dispute Resolution Attorney serving Coral Gables, FL at Robert J. Merlin, P.A.
Update Your Profile
Where you were married is irrelevant. You can file in Florida if you or your spouse has been a resident of Florida for at least 6 months.
Answered on Sep 06th, 2012 at 11:18 AM

Report Abuse
Great Question. The answer to your question is Yes. You can get a divorce in Florida, assuming you are a 'resident' of the State. Have you considered Mediation? Mediation is Fast, Effective and Affordable. Give it some thought.
Answered on Sep 06th, 2012 at 11:17 AM

Report Abuse
Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
Update Your Profile
The State of residence of the petitioner is where the divorce should be granted.
Answered on Sep 06th, 2012 at 11:03 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters