Can you file for divorce in a different state from where you reside? 2 Answers as of March 11, 2011I need to find out if it is legal to file for divorce in a different state in which you reside. Need to find out if friends are getting taken by an atty. in a different state. Something along the lines of running an ad in the paper for 30 days, with no response. In the state of Florida there are alimony reparations, in the state they are trying to file have no alimony laws. Is it legal to try to go and file just to prevent alimony being issued?
Rhonda R. Werner Schultz, PL | Rhonda R. Werner Schultz
Typically if one party files in a state where the other party has never lived, there will be no personal jurisdiction for the court to divide assets, determine support or child related issues. Florida allows someone to obtain a divorce if they have lived here for 6 months. If the other party does not live in Florida and objects, the court will only have the authority to divorce the couple, but no authority to divide assets or assess support. If someone files in another state and does not give notice to the other party, that action can be attacked for lack of notice and lack of jurisdiction. If a party is served with the action, the first answer in the other state should be to object to the jurisdiction - no other answer should be made or you have consented to the jurisdiction. This is a very complicated area of law and you should seek legal guidance from a skilled attorney.
Answer Applies to: Wisconsin