How could you get a divorce if your ex lives in another state? 17 Answers as of May 21, 2015

I want to divorce my husband. He moved to another state a few months ago. We were married in one state so then we must have the divorce in that state too, right? How is the divorce going to work if he lives in another state? Does that mean that he has to get an attorney and that I have to get one too?

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
Generally you can sue him for divorce in the state where you reside.
Answer Applies to: Michigan
Replied: 5/21/2015
Law Office of Martin A. Kahan | Martin A. Kahan
You file the divorce in the state that you can establish residence. In CA it's 6 months. You need to consult with a family law attorney.
Answer Applies to: California
Replied: 5/21/2015
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You can commence a divorce in California after residing in that state for at least 6 months and the county where you file for at least 3 months. You are not required to have an attorney but receiving proper legal guidance from an experienced family law attorney is always a plus.
Answer Applies to: California
Replied: 5/21/2015
Grace Law Offices of John F Geraghty Jr.
Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
If you are a resident of Georgia for more than six months then you can bring the case in Georgia and have him served in the other state, which an Attorney will know how to do.
Answer Applies to: Georgia
Replied: 5/21/2015
David A. Browde, P.C.
David A. Browde, P.C. | David Browde
Assuming you have lived in New York for two years, file here, have him served wherever.
Answer Applies to: New York
Replied: 5/20/2015
    GordenLaw, LLC
    GordenLaw, LLC | Vanessa J. Gorden
    No, you do not have to divorce in the same state you married. In almost all states, you are required to be a resident of the state to file for divorce there (Example: If you are married in South Dakota, but you have lived in Nebraska for at least one year, spouse now lives in Iowa, the proper state for you to file in is Nebraska). If he lives in another state, you may run into jurisdictional issues if you want to enforce any money judgments or divisions. You should at least visit with an attorney about your specific situation and options. If you do not need to divide any property or debts, you may be able to simply get the divorce, but you will need to give him notice through a voluntary appearance or having the sheriff in his resident state serve him. Best wishes.
    Answer Applies to: Nebraska
    Replied: 5/20/2015
    Law Offices of Lauren H. Kane | Lauren H. Kane
    Generally you can file a divorce in the state in which you are resident or he is a resident. In pa, the required time is 6 months.
    Answer Applies to: Pennsylvania
    Replied: 5/20/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    First things first: it's almost always best to retain a lawyer if you have a court matter that involves important interests. That said, if you or your lawyer does it right, there is no special problem in filing for divorce in Wisconsin when the other spouse lives in a different state or country. You must be sure that he is properly 'served' with the divorce summons and petititon. But so long as you have live in the State for 6 months, and in the county where you bring the action at least 30 days, your circuit court will have jurisdiction over the marriage. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/20/2015
    Law Office of Robert E McCall | Robert McCall
    If you have lived in Florida more than 181 days you may sue him in Florida, you have to have the suit papers served on him in the other state. You have the option of suing in his state but why do that and incur the additional cost?
    Answer Applies to: Florida
    Replied: 5/20/2015
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    You can file the divorce in the state in which you live. It's the only state that has jurisdiction. He has to be served wherever he lives now. Best if you get an attorney who will make sure everything is properly done and will explain the law to you.
    Answer Applies to: Washington
    Replied: 5/20/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    You can file in your state or after he has lived in the other one a certain amount of time then he can file there. I would suggest filing first so that he can't file it there and make you be the one to travel. You can do it with or without attorneys but it would probably be a lot easier with.
    Answer Applies to: Arizona
    Replied: 5/20/2015
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    You can file for divorce within the County in which you are a resident, no matter where the marriage took place. Service of process on your spouse can be done through the local Sheriff where your spouse resides. If you don't know where your spouse is living, service of process can be done through Publication. You would need to speak with the Court Clerk to get the rules for service by Publication. Good luck.
    Answer Applies to: Florida
    Replied: 5/20/2015
    Peggy M. Raddatz
    Peggy M. Raddatz | Peggy M. Raddatz
    You should file where you are living now. Check with a divorce attorney in the state you live in yo be sure you need the residency requirement for purposes of filing a Dissolution of Marriage case.
    Answer Applies to: Illinois
    Replied: 5/20/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Once you meet the residency requirements in the state where you are residing, in Michigan that is a 180 days, then you can file in Michigan regardless of where you are married or where your spouse may be residing. Attorneys are extremely helpful in getting through divorces and can keep you from making mistakes which may well affect the rest of your life.
    Answer Applies to: Michigan
    Replied: 5/20/2015
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    These are jurisdictional questions that are best answered in an in person consultation with a family law attorney after they get all of the relevant facts. Contact a family law attorney and get this jurisdiction advice from them based on the specific facts of your case.
    Answer Applies to: Georgia
    Replied: 5/20/2015
    Law Offices of Julie A. Ringquist | Julie A. Ringquist
    Jurisdiction for your divorce is in any state where either of you *currently* meet the residency requirements, it has nothing to do with where you were married. You would likely prefer that everything was taking place in your current state, rather than his (he may not even meet the requirements for residency yet...it's 6 months in California). You should file where you live as soon as possible and make sure the case happens near you.
    Answer Applies to: California
    Replied: 5/20/2015
    Peyton and Associates | Barbara Peyton
    You file in the county and state where you are a resident and have the other side served where he/she lives. Then you proceed in your state.
    Answer Applies to: California
    Replied: 5/20/2015
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