What state do file for a divorce if my husband and I live in 2 different states?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What state do file for a divorce if my husband and I live in 2 different states?
My husband was having a 2 year affair. We had an incident where he threw me to the ground and the police arrested him; he is awaiting his court date. I moved with family to NH but he still lives in the family home in GA. I am confused as to what state I file for divorce.
Asked on August 10, 2011 New Hampshire
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
I am so sorry for your situation. It is good that you are somewhere safe now and with support. In order to file for divorce in New Hampshire you need to meet their residencyrequirements. This allows a court to have what is known as jurisdiction over you to decide your case. You will still have to have your husband properly served with divorce papers. New Hampshire, however, has a different requirement than some of the states. Here it is:
In order to file for a divorce, the parties must: I. both be residents of the state and the filing spouse must be a resident for a least 1 year prior to filing or; the grounds must have occurred in the state and one of the spouses must be a resident for at least 1 year prior to filing. The divorce shall be filed in the county in which either spouse resides. (New Hampshire Statutes - Chapters: 458:5, 458:6, 458:9).
So both of you have to be residents of New Hampshire if I understand it correctly. Please seek legal help here because you may have to proceed in Georgia or try and agree to divorce and let him file the papers in Georgia. 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.