QUESTION

Where do I file for divorce if my husband and I live in different states with a joint property?

Asked on May 04th, 2014 on Divorce - Washington
More details to this question:
I have lived in Oregon for 11 months. My husband lives in Washington (for his whole life). We have property in Washington. I have a mobile home in a court in Oregon. Where should I file especially with joint property in Washington? We likely will come close to agreeing on the details.
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2 ANSWERS

Family Law Attorney serving Redmond, OR at Oliver & Duncan
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If you file for a dissolution of marriage in Oregon, you would have to file in the county where you have lived for six or more months so that court can grant a dissolution of marriage. The problem is that while the Oregon court can grant you a dissolution of marriage, it has no jurisdiction over your husband because he has no contacts with Oregon. This means that the Oregon court cannot divide real or personal property or joint debts between you unless the out-of-state party consents to jurisdiction in the other state. You are probably better off contacting an attorney who has a practice in the county where your husband lives and asking about Washington jurisdictional rules which I cannot advise you about as I am not licensed in Washington. While I cannot say for sure, I believe that you could consent to jurisdiction over the divorce case in that Washington county so that you can get a final judgment in a state and county where the court issuing the judgment has jurisdiction over both parties and thus the joint property.
Answered on May 05th, 2014 at 3:49 PM

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Estate Planning Attorney serving Seattle, WA at Law Offices of Scott K. Wilson
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Unless husband has "significant contacts" with OR, you will have to file in WA. In other words, if you separated and you moved to OR and bought a mobile home yourself and husband has no assets in OR and hasn't stayed in OR for any period of time or is not a frequent visitor there, OR has no jurisdiction over husband's assets. Technically, OR can grant you a divorce because that is where you reside, but OR can't divide the assets or issue any orders that affect husband financially.
Answered on May 05th, 2014 at 2:56 PM

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