If I filed in one state, can my wife have the divorce moved to another?
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If I filed in one state, can my wife have the divorce moved to another?
I filed for divorce here in AZ. I have lived here for 9 months. We do have 3 daughters that live with her in MO, and know I will have to go back to MO to fight for custody and child support. I put in the divorce papers that is my intent, but just want the divorce done now. I was told she would have 90 days to come here to contest the divorce. Now she is saying she is going to have the divorce moved to MO, even though it was filed here. Can she do that?
Asked on July 25, 2011 Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Your question pertains to what state has proper venue to hear your divorce action with your current wife, the state you presently reside in or the state where your presently resides in with you children.
You need to review the venue statutes of both states to see where a divorce proceeding is to be properly filed.
My experience is that the state where the person who is being sued for the divorce petition is typically the place where venue is for the court to hear the divorce proceeding. Likewise, if there are going to be custodial issues for minor children, most likely the proper state and county of that state to hear the divorce proceeding will be the state where your wife and children reside.
If you improperly filed your petition for divorce in Arizona with your wife, she can file a motion to transfer venue of it to her home state and county if done within the required time frame.
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