QUESTION
Can I file for divorce in a state which I don't reside in?
Asked on Dec 17th, 2015 on Divorce - Illinois
More details to this question:
My soon to be ex husband lives in State A while me and my children live in State B. He has not came and seen my children in over a month. So I need to know can he come to State B and file for divorce with out living in the state of B.
1 ANSWER
The answer depends on the laws of State B. In Illinois a case can be filed where either the H or the W reside. It makes no sense for H to file case in A as the kids do not live there, so the court in A might not have any power to enter orders regarding custody or visitation. Eventually a case has to be filed in B to resolve those issues. Under the Uniform Child Jurisdiction Enforcement Act - which is found is most states, the law says a court which is the home state of the kids has the power to enter such orders and a case where the s do not live and have not lived for 6 months lacks that power, unless it previously had the power to do so. So H should be able to file in the state where you live.
Answered on Jan 07th, 2016 at 5:14 PM