How do I file for divorce and custody if parents are living in different states? 3 Answers as of October 07, 2016

I am married for over 6 years and have a 6 year old together. We were separated for all the 6 years. He is fine with me having sole custody but need to file for divorce.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
The divorce is filed the same as any other. I strongly suggest you discuss with a lawyer that lives close to you. The Divorce can be filed in the county/state where either parent lives. However, the county where the child lives is the place where the custody must be heard - except, some states allow priority to where the divorce was filed, but you may or may not successfully bi-furcate. . . . In plain English, If you have the child, you should get assistance and file where you live. It is virtually impossible for any lawyer to tell you how to do it yourself, if that is what you were asking. Simply put, in plain English - if a lawyer gives you instructions, he/she implicates malpractice and attorney-client issues and does so while giving away what he usually sells.
Answer Applies to: Texas
Replied: 10/7/2016
Peyton and Associates | Barbara Peyton
You can file in the state where either party is a legal resident.
Answer Applies to: California
Replied: 10/6/2016
Law Offices of Gerard A Fierro
Law Offices of Gerard A Fierro | Gerard A Fierro
The parent with custody should file in their own state; Otherwise you would have action in two states; one for the divorce and one for custody. You would file in your State and serve the summons and Petition to the other spouse by certified mail or by having the other spouse sign a notice and acknowledgement and receipt form.
Answer Applies to: California
Replied: 10/6/2016
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