If Igot married 13 years ago in 1 state but now live in another, where do i file for divorce?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If Igot married 13 years ago in 1 state but now live in another, where do i file for divorce?
Asked on November 27, 2011 under Family Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry that things have not worked out for you and for your spouse. The rule is that you file for divorce in the state in which you reside. Each state has a residency requirement that you must fulfill before you can file for divorce. It gives the court the ability to make a determination as to you andyour marriage (called jurisdiction). It is generally a six month requirement. And there may be an additional requirement for the county in which you file (so even if you lived with in the state for 6 months if you moved counties 3 months ago and their requirement was 6 months you would have to wait an additional 3 months). Here is California's requirement:
A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.