If my ex filed for divorce in one stateand I am living in another state, in which state do I need to file?
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If my ex filed for divorce in one stateand I am living in another state, in which state do I need to file?
Asked on August 29, 2011 Oklahoma
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
In most instances, proper venue (location of the filing of a lawsuit in a state's specific county) for a marital dissolution action is the state where the couple were last living together at the time of legal separation.
The rationale is that the assets of the marital community were in that county's and state's jurisdiction at the time of legal separation and as such, that state's laws concerning the division of assets and liabilities of the marriage should control.
If you are served with the petition and summons for a marital dissolution in another state from which you last lived your soon to be former spouse and you do contest the petition within a set period of time, you could be deemed to have waived any claims that venue in the other state and county is improper.
Good question.
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