QUESTION
If my wife lives in one state and I live in another state and we were married in a different state, how would we be able to get a divorce?
Asked on Jan 11th, 2014 on Divorce - Texas
14 ANSWERS
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Either of you have to file for a divorce in the county in which you live. if you have kids I would file in the county/state where the kids live.
Answered on Jan 16th, 2014 at 6:40 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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If there are no children, either spouse may file in either state. If kids, the state where the minor child lives.
Answered on Jan 15th, 2014 at 4:42 PM
Family Law Attorney serving Peoria, AZ
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The Law Firm of Jessica M. Cotter, P.L.L.C.
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Generally speaking each state has its own residency requirement for the filing of a dissolution action. In Arizona if a party has resided in the state for 90 days that individual may file a petition for dissolution. The more difficult question may revolve around property or the appropriate jurisdiction for entry of orders regarding children You should consult with an experienced family law attorney in your area to review jurisdiction questions.
Answered on Jan 15th, 2014 at 4:30 PM
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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one of you would file for divorce in the state where you reside.
Answered on Jan 14th, 2014 at 9:57 AM
4 Awards
Easy. For most states, you can file for divorce in the state where you reside (as can she), once you have lived there long enough to meet their legal requirements. While you generally need to list the place of marriage, if no one lives there anymore, that state has no jurisdiction, as divorce jurisdiction is based on your current residency. Where this gets tricky is if you own real property together or need to have child support or spousal support set.the state where divorce is filed/granted would need to have personal jurisdiction over the paying party. If these situations might apply to you, contact an attorney to learn your best strategy. Best wishes!
Answered on Jan 14th, 2014 at 9:57 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Simple, you file a divorce action in your state and have her served in hers.
Answered on Jan 14th, 2014 at 9:47 AM
If there are children involved, the divorce action should be filed where the children reside. If there are no minor children, either party can file for a divorce in a state where they meet the residency requirements, or they can file in the state where the spouse meets residency requirements. If you cannot agree on where the divorce should be filed, the court would consider whether either spouse has lived in the other state during the marriage, or where the acts giving rise to the divorce took place.
Answered on Jan 14th, 2014 at 9:46 AM
You can divorce by filing in the State of your current residency. She is entitled to do the same. In other words, the first to file for divorce controls the Jurisdiction of the Court. Check it out with the Court's Clerk before proceeding.
Answered on Jan 14th, 2014 at 9:45 AM
You can petition for dissolution of your marriage in the state where either one of you are a legal resident. Good luck
Answered on Jan 14th, 2014 at 9:45 AM
Bruce Provda
One of you would have to establish residency in the state you are in according to their divorce statute and file in that state.
Answered on Jan 14th, 2014 at 9:45 AM
either one of you could file in the state you live in if you have lived there at least 6 months
Answered on Jan 14th, 2014 at 9:44 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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You can file it in the state in which you live or she lives unless there are children in which case you need to file where the children are the majority of time.
Answered on Jan 14th, 2014 at 9:43 AM
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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You can file for divorce in Louisiana if one of you currently lives in Louisiana, if you were married in Louisiana, or if Louisiana was the state you last lived together as husband and wife. You can file in any parish where either of you currently reside or where you were married or last lived together.
Answered on Jan 14th, 2014 at 9:43 AM
Personal Injury Attorney serving San Antonio, TX
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Law Offices of James P. Peterson
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Either party can file in the county of their residence for the last 90 days, assuming they have lived in Texas for at least six months.
Answered on Jan 14th, 2014 at 9:43 AM