QUESTION

How do we begin our divorce if we live in different states?

Asked on Mar 04th, 2015 on Divorce - North Carolina
More details to this question:
We've been separated for almost 8 years. Now, he has a kid. I want to get married. We have nothing legal together. We have no kids either. Do I file here? He can't afford to come here or me there. Each wants it. I just don't even know where to begin. I don't have money for lawyer.
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3 ANSWERS

Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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Generally either of you can file in your state of residence.. you in Michigan or him elsewhere.The person that files is the plaintiff. then it must be served on the other who becomes the defendant if after 30 days or so after personal service of the complaint the defendant does not answer and fight you can get a default judgment. You can then fashion a divorce judgment that indicates that you want the status quo in terms of financial and simply be divorced. as along as he agrees to the judgment can be entered as a consent judgment.. if he does not agree it can be entered as a default judgment. This will be easier with an attorney
Answered on Mar 06th, 2015 at 9:47 AM

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Michigan law requires you to file for divorce in the County that you have been living continuously for at least 180 days. So, you will have to file at your local courthouse, they will have the paperwork for you to get started on, and if he does not object you will only need to wait the statutory minimum amount of time and then things will be final.
Answered on Mar 05th, 2015 at 2:45 PM

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Child Custody Attorney serving Raleigh, NC at Palmé Law Firm, P.A.
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If you have been a resident of North Carolina for more than 6 months you can file a complaint for divorce in North Carolina no matter where the other person lives.
Answered on Mar 05th, 2015 at 2:44 PM

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