Can I file a Divorce outside of the state my wife lives in? I just moved out of state. What is a residency requirement?
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Me and my soon to be ex wife just agreed to divorce earlier this year. I moved out of state 6 months ago and am a permanent residence of the new state. We are ready to proceed with the Divorce Filings. Can I file a divorce from the state I live in or do I have to go back to my wifes state?
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The question you are asking has several variables to take into consideration. Each state has their own specific divorce residency requirement time frames in which you have to a permanent resident of that state in order to initiate divorce filings. The time frame can range from anywhere as short as 6 months, to 2 full years, while some states have no residency time requirement. Even if you meet the time requirement, the next thing that will be examined is where are the kids? Which state has the most assets/property? If you and your wife owned a home together in your previous state which she currently lives in, and if there are children there as well, you would have to file a Divorce in the original state. You should ultimately consult with an Attorney to figure out this complex matter out. Legal help will probably also be required in order to protect your interest in issues such as child custody & separation of assets.
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Posted by Staff Writer on 25 Jan 2010
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