How to get a divorce when a husband and wife are in different states?


My husband and I separated a couple of years ago and are now seeking to sever our ties legally. Since our separation, he has moved out of state. How do we pursue a divorce living in different states?


Out-of-state residency is a complicated issue in a divorce where issues of child custody and asset distribution are in contest. The major question is which state has jurisdiction over the dissolution. If the petitioner files in one state, usually that state has jurisdiction over the divorce proceedings. However, there is a question whether the state has jurisdiction over the non-resident spouse. In order for the court to establish jurisdiction over the non-resident spouse, and for the divorce to be legally binding on the other party, the non-petitioner spouse must be served with divorce papers in person or consent to jurisdiction by either abiding by the court's rulings, appearing in that state's court, or signing an affidavit of service.

Consult with a divorce attorney to determine the issues arising from out-of-state residency.

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