Can I move to another state if I want to file for a divorce? 37 Answers as of June 26, 2013

My wife and I have resided instate for 7 months. We both want an uncontested divorce. I am planning to move to Illinois. Should I remain here or move immediately? What is my option for obtaining a divorce as soon as possible?

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Beresford Booth PLLC
Beresford Booth PLLC | S. Scott Burkhalter
You should start the divorce here because of jurisdictional issues.
Answer Applies to: Washington
Replied: 8/24/2011
Bagwell Holt Smith Jones & Crowson, P.A.
Bagwell Holt Smith Jones & Crowson, P.A. | John G. Miskey IV
Speak with a family law/divorce attorney in both states to see which route provides you the fastest way to divorce. Residency of North Carolina for the previous six months of at least one of the parties is required in North Carolina. Our firm offers legal consultations (via office/phone/skype) throughout NC for a fee of $75.
Answer Applies to: North Carolina
Replied: 8/24/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
Before you can file a dissolution action where you reside, you must have lived in that state for at least six months and in that county for at least three months. If you want to obtain a divorce as soon as possible, you should file in the state and county you currently reside in and then move. For an uncontested divorce you can complete the divorce process with paperwork via mail.
Answer Applies to: California
Replied: 8/22/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Texas has no separation statute so an uncontested divorce can be complete in as little as 60 days. Moving to IL means you will have to meet the statutory residency requirements there.
Answer Applies to: Texas
Replied: 8/22/2011
Law Office of Roianne H. Conner
Law Office of Roianne H. Conner | Roianne Houlton Conner
You must remain in the State of Alabama until the Petition is filed. After the Petition is filed you may leave Alabama.
Answer Applies to: Alabama
Replied: 8/21/2011
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    An immediate divorce means getting the process started immediately. A lawyer can move this along for you.
    Answer Applies to: New Jersey
    Replied: 8/20/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We recommend you consult with a lawyer. Generally, each state has a residency requirement. Georgia's requirement, generally, is that you must have resided here for 6 months before you could file suit. See a lawyer. Good luck!
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    The divorce forms are available on the wisconsin courts website, however, can be complicated to know what is filed first, second, etc. and how many copies, and what info needs to be included or attached. We offer a service to assist pro se filers with document completion and filing. Pro se means no attorney in court.
    Answer Applies to: Wisconsin
    Replied: 8/20/2011
    Meriwether & Tharp LLC
    Meriwether & Tharp LLC | Patrick Meriwether
    Every state has a residency requirement that requires you to reside in that state for a certain number of months before you can file for divorce. In Georgia, that residency requirement is 6 months.
    Answer Applies to: Georgia
    Replied: 8/20/2011
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    I would file here especially if children are involved.
    Answer Applies to: California
    Replied: 8/20/2011
    Law Office of Patricia Van Haren
    Law Office of Patricia Van Haren | Patricia Van Haren
    If your wife is residing in California, then you may move. Most states have a residency requirement of 6 months prior to the filing of a divorce. Since you have been in California for the past 7 months, it would probably be a good idea to file before leaving.
    Answer Applies to: California
    Replied: 8/20/2011
    Willick Law Group
    Willick Law Group | Marshal S. Willick
    Your facts are a bit vague, and the answers change a bit depending on things you don't mention, such as whether there are children. And "long distance" litigation is always a bit harder. But Nevada would retain divorce jurisdiction in any event.
    Answer Applies to: Nevada
    Replied: 8/20/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    The answer depends on whether there are children involved. If it truly is an "uncontested case", it will not matter when you move. Call an attorney to flush out your options on a free phone consultation.
    Answer Applies to: California
    Replied: 8/20/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    Your best bet would be to file here in Florida since you have already satisfied the six-month residency requirement. If you move to Illinois, you may have to wait to file.
    Answer Applies to: Florida
    Replied: 8/20/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You can file here, and then move the very next day if you like. You might have to come back for one hearing if the divorce is truly uncontested, although in most circumstances, the final judgment can be resolved by mail.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It depends on whether it remains uncontested and you have an agreement on all issues that need to be resolved in your particular case. If you do have an agreement on all issues, you can move and your wife can file here and it doesn't matter if you move before or after the case is actually filed. It would certainly be easier if you stay here until you have a signed agreement.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    To file in California, you need to be in the state for at least 6 months and in the county where you file for 3 months. You may wish to file where you currently reside if you have perfected residency for that purpose.
    Answer Applies to: California
    Replied: 8/19/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Best option is to get it done quickly is to do it here. If there are children involved, you may have no choice but to do it here. I suggest you consult an experienced Family Law attorney to discuss your case in greater detail and learn all of your rights and options.
    Answer Applies to: Florida
    Replied: 8/19/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It is much simpler and easier to handle a divorce case where & while both parties are in the same state. If you move before a case is filed in Colo, it can still be handled here but it might be a bit more complicated and time consuming. If you move before anything happens in Colo, you will need to find out the Ilinois residency requirements and will probably not be able to do anything there without your wife's cooperation. Your best solution would be to begin the process here in Colo and, ideally delay your move until the case is completed. But, depending on the actual facts and circumstances, it might not make any difference if you move before the Colo case is finished.
    Answer Applies to: Colorado
    Replied: 8/20/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You did not indicate whether you and your wife have any children together. If not, there is no reason that you could not move out of state before or after filing for divorce; however, if you want to file "as soon as possible," you'd have to file in Arizona since it would take several weeks or months before you established residency to file in another state. I recommend you speak with an attorney to discuss your options and objectives.
    Answer Applies to: Arizona
    Replied: 8/19/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    First, it sounds like it is the state of Washington that has jurisdiction over this case so everything should be done here. Now, IF both of you want to do an uncontested divorce, and IF both of you can reach an agreement on all issues, and IF you can draft a full set of divorce papers that you are both willing to sign off on, then, you could probably move out of state without too much risk. The main risk when you move out of state during a divorce is that you might end up having to spend a lot of money travelling to and from this state to deal with the divorce.
    Answer Applies to: Washington
    Replied: 8/19/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    If you have lived in New Jersey for a year, it is better to file for divorce in New Jersey because you may have to wait to file a divorce in the state that you move to. Once you file for divorce in New Jersey, you can move and come back for you case.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    File for divorce and then you can move.
    Answer Applies to: Oregon
    Replied: 8/19/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    You might be better off filing for divorce here. I do not know what the residency requirements are for filing a divorce in Illinois.
    Answer Applies to: Michigan
    Replied: 8/19/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    The person remaining can file here. There is no requirement that both parties be present. That said, if you file, you can then move later.
    Answer Applies to: California
    Replied: 8/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    You have to have lived in CT for at least a year so that if the action starts here and she stays here it can be brought here even if you leave, but you will have to return for any hearings.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If you are in the Mobile, Alabama area, call my secretary, Chrissy, to set an appointment to see me. I charge $150/hr. The typical uncontested divorce is resolved for $683.00, including the filing fees. Stay well.
    Answer Applies to: Alabama
    Replied: 6/26/2013
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    A divorce can be obtained relatively quickly if the parties are in agreement on all terms including property division, debt division and, if there are children, custody, parenting time and child support. A hearing may be required if there are children involved. Even in a divorce where the parties are in agreement, proper language must be included ias part of any agreement and court order to avoid problems related to debt and property division. Improper language can have long lasting financial implications.
    Answer Applies to: Minnesota
    Replied: 8/19/2011
    Lewis, Pfanstiel & Williams, PCLO
    Lewis, Pfanstiel & Williams, PCLO | Ryan J. Lewis
    You have to be a resident of the state of NE for 1 year before filing for divorce.
    Answer Applies to: Nebraska
    Replied: 8/19/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    As far as residency requirements go: In Massachusetts, one of the spouses must be a resident if the grounds for divorce occurred in Massachusetts; If the grounds for divorce occurred outside of Massachusetts, then one spouse must have been a MA resident for at least one year. Illinois may have different requirements, so you would probably be better off filing for divorce here. If the two of you proceed with an *uncontested * divorce, then you would be able to move out of state much sooner.
    Answer Applies to: Massachusetts
    Replied: 8/19/2011
    Theiler & Mourtos Attorneys at Law
    Theiler & Mourtos Attorneys at Law | Devan J. Theiler, Esq.
    In order to file a Complaint for Divorce in the State of New Jersey, one or both of you must have been residents for at least one full year prior to the filing. I am not licensed to practice law in Illinois and can not say definitively what your options there are, but it is likely that you would need to be a resident for at least six months. If that were in fact the case, i would recommend staying here since you would only have 5 months to wait before filing in New Jersey, compared with the time it takes to actually move and then wait an additional six months there. I highly recommend speaking with an Illinois attorney about your options before making a final decision.
    Answer Applies to: New Jersey
    Replied: 8/19/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    In general you would want to stay at least long enough to file. Whether you could or should move after that depends on the details of the case, and especially on which county, and is a decision your attorney will help you make.
    Answer Applies to: Georgia
    Replied: 8/19/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    If you want it immediately it is best to stay in state as most jurisdictions require you to have resided within their jurisdiction for at least 90 days before you are allowed to file for divorce. If you have an uncontested divorce, you will be able to move things along faster than a contested divorce.
    Answer Applies to: Illinois
    Replied: 8/19/2011
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    Depends on the individual court backlog. You can both choose to file in any county in Alabama. I don't know about Illinois. I have heard Talledega County is the quickest. Ask your lawyer, he'll know.
    Answer Applies to: Alabama
    Replied: 8/19/2011
    Law Office of Robert L. Fiedler
    Law Office of Robert L. Fiedler | Robert L Fiedler
    Connecticut has a residency requirement of one year. I don't know what the requirement is in other states so I cannot comment on which would be quicker. My guess is that given you will meet the residency requirement in 5 months, staying here would probably be quicker.
    Answer Applies to: Connecticut
    Replied: 8/19/2011
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