When you are ready to file for divorce, likely, you are already separated from your spouse. In some cases, your spouse may be in an entirely different state. Is it still possible for you to file for divorce? No matter what state you or your spouse lives in, you can still file for divorce. It can become more complicated, however, when you are in two different states. Here is what you need to do when filing for divorce in a separate state.
Determine Your Requirements
Every state has its own rules when it comes to divorce. Before you file, you need to ensure that you are a resident of the state you live in. If you recently moved to the state, you may not be a resident. Some states require that you have been in the state for at least six months before you can call yourself a resident.
Understand What Jurisdiction Means
When it comes to jurisdiction, the state in which you file is normally the state that has jurisdiction. If you file first, this would be the state that you reside. If your spouse lives elsewhere, this could be inconvenient for him or her. The court proceedings will most likely occur in your state of residence. Also, your spouse will most likely have to hire a lawyer from your state.
Learn the Laws of Your State
If you file for divorce in your home state, then often your home state’s laws will govern the important decisions throughout your divorce. Every state has laws that detail what happens to property, assets and liabilities during a divorce. Likewise, states have respective child custody and child support laws.
If you and your spouse are in contact with one another, the two of you may consider state laws before your divorce. If the two of you prefer one state’s law over another, then you may choose to file in that state. When it comes to asset division, some states have equitable division laws, whereas others have laws that split the assets 50/50.
If you live in a different state than your spouse, you can still file for divorce. He or she will still receive the divorce complaint. Of course, if you are still in contact with your former spouse, you can discuss your options when it comes to filing in the state that you live in. For more information, consult with a lawyer, like a family lawyer in Fairfax, VA from May Law, LLP, today.