Get Ahead in Your Personal Injury Case

Get Ahead in Your Personal Injury Case

Filing For Divorce If Your Spouse Lives In Another State

by Kenneth Pierce

It is not uncommon for couples to remain separated for extended periods of time without formally filing for divorce. During these extended separations, one spouse may choose to relocate to a different state either for work or simply to enjoy a fresh start. While this relocation has little impact on a legal separation, it can make things a bit more complicated when the couple does choose to legally divorce. If you have found yourself in this situation, there are three factors you will need to take into account in order to determine where you need to file your divorce petition. 

Establishing Personal Jurisdiction

One of the most important things to consider when determining where to file your divorce petition is personal jurisdiction. What this means is that the court that will be hearing the case has jurisdiction over both parties named in the petition.

While personal jurisdiction laws can vary from state to state, most states will require that one spouse has established residency and maintained that residency for at least a certain amount of time before a divorce petition can be filed.

The easiest way for the court to establish personal jurisdiction over the spouse that lives out of state is for that individual to sign a waiver giving the state jurisdiction over them for the purpose of issuing a divorce decree. Consequently, it is often customary for the filing spouse to file in the state where the non-filing spouse lives. This is especially true in cases where the non-filing spouse is expected to contest the divorce.

Choosing The Proper Venue

Now that you have determined which state you are going to file in, you will need to ensure that you are filing your paperwork with the proper venue. This includes selecting the correct county and branch of the court system. 

In some states divorce cases are heard in family court since they often involve matters of child custody or support, as well issues of spousal support or alimony. However, other states and counties require that these cases be heard by the Superior Court.

Contacting a qualified divorce lawyer in the jurisdiction where you intend to file will allow you to determine the proper venue for your filing. These lawyers can also help you to resolve any issues that may result from needing to file paperwork long distance and may be able to appear on your behalf if you are unable to appear in person as a result of the distance. 

Talk to a divorce law attorney for more details.


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About Me

Get Ahead in Your Personal Injury Case

As the sister of a law student, I thought that I could handle my own personal injury case when I was hit by a vehicle as I was walking across the street. Luckily, the car wasn't going very fast – but I did end up with a contusion and a broken leg. Turns out the process wasn't easy and I ended up hiring a lawyer. I learned a lot about the kind of information needed to win a personal injury case such as the kind of evidence that is effective and the types of documentation needed from the insurance company, employers, and even witnesses that were at the scene. My name is Rebecca, and I created this website to help guide you through your personal injury case. There is no reason for you to feel alone throughout the process, and I hope my insight helps you feel more empowered with your decision making.

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