QUESTION
Do I have to file for a divorce in the same state that I got married in?
Asked on Dec 11th, 2017 on Divorce - Indiana
More details to this question:
I got married in Arkansas, but live in indiana now. We've been separated for 7 years now, and she's supposedly married someone else while we've been married. I've sent papers for her to sign before, but she's in prison and they always come back unsigned.
2 ANSWERS
Family Law Attorney serving Carmel, IN
at
Marcus Law Firm, LLC
Update Your Profile
The place that you file for divorce is based on your legal residence, not the state where you were married. If you and your wife live in Indiana, then Indiana would be the place that you should file for divorce. If your wife lives in another state, then the question is much more complicated. If your wife has never lived in Indiana, it may be difficult to obtain personal jurisdiction over her. This is more of a problem if there are children and property involved. If you file for divorce and the court does not have personal jurisdiction over your spouse, you will likely find yourself divorced, but the court will not be able to settle issues involving your spouse and children such as custody, property division, etc.
Answered on Dec 20th, 2017 at 11:40 AM
Family Law Attorney serving Carmel, IN
at
Marcus Law Firm, LLC
Update Your Profile
The place that you file for divorce is based on your legal residence, not the state where you were married. If you and your wife live in Indiana, then Indiana would be the place that you should file for divorce. If your wife lives in another state, then the question is much more complicated. If your wife has never lived in Indiana, it may be difficult to obtain personal jurisdiction over her. This is more of a problem if there are children and property involved. If you file for divorce and the court does not have personal jurisdiction over your spouse, you will likely find yourself divorced, but the court will not be able to settle issues involving your spouse and children such as custody, property division, etc.
Answered on Dec 20th, 2017 at 11:38 AM