Is it possible to file for divorce when couple lives in separate states?
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Is it possible to file for divorce when couple lives in separate states?
I’ve been separated from my wife
for 6 yrsnot legally. Haven’t
had contact with her in about 2
yrs. I recently moved to SC from
NY and found someone I would like
to marry but can’t since i’m
already married…just would like
to know what my options are
Asked on January 5, 2017 under Family Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You can file in the state in which either you or your wife has legal residency; typically to establish residency you must have lived in the state for 3-6 months. Additionally, when you file your spouse must be served notice of the divorce action. if you cannot locate her exact address, you can ask the court if you can serve her via "publication". This means that you can put a notice in a newspaper in the area of her last known whereabouts (the court will instruct in what newspaper to do this). If, fter that, if she does not respond you can then proceed with the case and a "divorce by default" can be granted. At this point, you may want to consult directly with a local divorce attorney.
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