QUESTION
Can my son file divorce in the state he got married if he’s a resident of a different state?
Asked on Mar 27th, 2014 on Divorce - Connecticut
More details to this question:
My son is in the military in Connecticut. He was married in Connecticut under 2 years, no kids, no house but his a Florida resident. Can he get his divorce papers filed in Connecticut?
6 ANSWERS
I believe that one can file for divorce ONLY in their State of residence. However, if in doubt, check it out. It's just a short telephone call away.
Answered on Mar 31st, 2014 at 8:46 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Every state has their own rules. Depends on the state.
Answered on Mar 31st, 2014 at 8:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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He should be filing the case in the state where the marriage was last intact. Consult with a family attorney in that state.
Answered on Mar 31st, 2014 at 8:39 PM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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If there are no marital assets, no marital debts, no house, no kids, etc., then he can most likely file for divorce either where he is, or where his wife is, if he meets the residency requirements. However, if he files where he is and not where his wife is, and his wife files for divorce where she is, seeking any relief besides a divorce, it is possible that the court where she is located could be the court addressing those other issues. it may be beneficial for him to attempt to get a signed settlement agreement before actually filing for divorce.
Answered on Mar 31st, 2014 at 8:39 PM
John Arthur Smitten
Sounds like he is a dual resident so he can file in either state.
Answered on Mar 31st, 2014 at 8:38 PM
Personal Injury Attorney serving Bloomfield, CT
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Baram, Tapper & Gans, LLC
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Whether a court has jurisdiction over a legal matter is very fact specific. The facts of the case will dictate where he can get divorced. However, there is a strong possibility that Connecticut can obtain jurisdiction for his divorce, but the rest of the facts have to be known. One such fact is whether his wife is here in CT or down in FL. This is jurisdiction question is one that can be best answered by speaking to a family law attorney so that all of the facts and circumstances can be discussed rather than a short question.
Answered on Mar 31st, 2014 at 8:36 PM