QUESTION
How do I get a divorce if my husband does not live in the same state as me?
Asked on Oct 09th, 2011 on Child Custody - New Jersey
More details to this question:
I want to get a divorce from my husband. We do not live in the same state as which we were married in. We have been separated for 3 years now.
16 ANSWERS
Steven D. Dunnings
Just file where you live.
Answered on Jul 08th, 2013 at 8:53 PM
Family Law Attorney serving Pasadena, CA
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Law Offices of Paul P. Cheng
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File a disso here and have him served wherever he is at.
Answered on Oct 28th, 2011 at 1:21 PM
You can file in the state you live in and have him served in his state. The divorce can proceed whether he participates or not, so long as you have him served.
Answered on Oct 28th, 2011 at 1:21 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Basically, there is no difference in the process whether he is in the same state as you or not. Depending on the facts and circumstances, it may be more difficult to serve papers and obtain personal jurisdiction over him, but the mere fact that he is in another state will not prevent the Colorado court from dissolving your marriage. If the court cannot acquire jurisdiction, there may be limits on what the court can do about property and financial issues.
Answered on Oct 11th, 2011 at 2:19 PM
Cohabitation Agreements Attorney serving Cincinnati, OH
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Cathy R. Cook, Attorney at Law
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If you and your husband never lived as husband and wife in Ohio, Ohio does not have jurisdiction over him. You can file for divorce in Ohio. You must serve your husband. If he challenges jurisdiction, you will not be able to proceed here. If he does not respond, you can obtain the divorce, but it is subject to being set aside by your husband.
Answered on Oct 11th, 2011 at 9:39 AM
If you lived in Nevada for the last 6 months, you can get a divorce here. Obviously, it helps if your husband is willing to sign the required docs but it can be done without his consent. If there are property or custody issues it gets more complicated but the divorce itself can be obtained here if Nevada has been your primary residence for at least six months immediately precedign the start of the action for divorce.
Answered on Oct 11th, 2011 at 9:11 AM
You do not have to live in the same state where you were married and you do not have to live in the same state as each other. If you have established residency in Arizona (e.g. you have lived here for at least 90 days), then you can file for divorce here. An alternative may be to file in the state where he resides. However, I cannot tell you whether the law is more favorable to you here or in that other state.
Answered on Oct 11th, 2011 at 1:18 AM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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So long as you meet jurisdictional requirements, dissolution paperwork may be filed in the county and state in which you currently live.
Answered on Oct 10th, 2011 at 5:44 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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You can file in the County and State you live in. It is just a matter of getting him served, which shouldn't be a problem.
Answered on Oct 10th, 2011 at 5:32 PM
The divorce would be pretty much the same as it would be in you lived in the same state. The areas of difference are likely to be two. First, there are the issues of jurisdiction and venue. Those will depend on the factual details of your case. Specifically, things like who lived where and for how long; are there children; where have they lived for how long. Second, some of the time lines will change. For example, in Washington, if you file in this state and personally serve someone in this state, they have 20 days to respond. If you file in this state and personally serve them in another state, they have 60 days to respond. If you file in this state and serve by mail, they have 90 days to respond.
Answered on Oct 10th, 2011 at 3:54 PM
We can file your divorce through publication if you do not know where he is living. If you do know where he is living we can have him served by the local sheriff in the town/city in which he is living.
Answered on Oct 10th, 2011 at 3:51 PM
If you have lived in Alabama for the past 6 months, you can get divorced. Your spouse can sign the divorce papers and the papers can be filed by an attorney.
Answered on Oct 10th, 2011 at 3:48 PM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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You can file a divorce in your current state. The only requirement for him is that you serve the papers on him.
Answered on Oct 10th, 2011 at 3:35 PM
General Civil Trial Practice Attorney serving Beaverton, OR
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Vincent J. Bernabei, LLC
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You should file for divorce in the state in which you have resided for the past 6 months.
Answered on Oct 10th, 2011 at 3:29 PM
Gary Moore
To get a divorce in New Jersey only ONE spouse need have resided in New Jersey for one year preceding the filing of the complaint for divorce. YOU are that spouse. File for divorce whenever you like.
Answered on Oct 10th, 2011 at 3:26 PM
Mediation Attorney serving Bloomfield, NJ
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Cassandra T. Savoy, PC
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You file in the state where you live, and you have him personally served in the state where he lives.
Answered on Oct 10th, 2011 at 3:26 PM