Staying Legal When Choosing Your Divorce Location
Posted on: 23 March 2021
While it's not necessary to go back to the same county or state in which you were married to divorce, there are some rules about which states have legal jurisdiction to perform a divorce. Trying to get divorced in the wrong location can only bring frustration so read the information below so that you can be prepared to stay legal as you locate a place to divorce.
You Must Be a Resident of a State
As far a divorce goes, you can divorce almost anywhere as long as you can abide by the residency (or domicile) regulations. Just as states have different residency requirements in the U.S., other countries have their own requirements as well. However, you may be able to obtain a quicker divorce, based on residency requirements, outside of the U.S. once travel opens up to other countries again. As for the U.S., living in a state for a certain amount of time is required for you to divorce in that state. Proof of living in a given state can be demonstrated with a drivers' license, mortgage, rental lease, etc.
When Divorcing Couples Live Apart
If splitting up means going to live in two separate states, things can get very confusing. The party that files divorce first in their state is the state that automatically has jurisdiction over the divorce. Unfortunately, that state might have limited powers to enforce certain divorce provisions when one party lives elsewhere. For example, if you file for divorce in Ohio and your spouse lives in Kentucky, your state will have very little power to enforce a property settlement if the property in question is located in Kentucky.
Decide for Yourselves
If you and your spouse are on fairly good terms, you may be able to take advantage of the situation and work within divorce laws. If both of you are legally domiciled in both states, you can choose to file in either state. You might want to discuss things with a lawyer in both locations to determine the main differences in how your divorce could go in either state. The overall way a state views divorce (community property vs. equitable distribution) can have a huge impact on your divorce. Additionally, issues like child support, the amount of ordered child support, spousal support, child custody, visitation, property, and marital debt all vary with each state.
When you and your spouse live in separate states, caution and care should be used when divorcing. Speak to a divorce lawyer in your legally domiciled resident state about the repercussions of divorce provisions that depend on state laws.
For more information, contact a law office like Knochel Law Offices PC.
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