How do I get a divorce if my husband does not live in the same state as me? 34 Answers as of July 08, 2013

I want to get a divorce from my husband. We do not live in the same state as which we were married in. We have been separated for 3 years now.

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Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
You can file for divorce in a state in which one of you lives currently. The process is no different just because he is not local (other than the service issue but your lawyer will handle that).
Answer Applies to: Texas
Replied: 10/12/2011
The McDonnell Law Firm, PLLC
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
As long as you have lived in NYS for the required minimum time of residency (usually 1 year) you can file for divorce in NYS.
Answer Applies to: New York
Replied: 10/12/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You can file for a divorce in your state or in the state in which your husband resides. Obviously, it will be easiest for you to file in your state, but if your husband does not have "minimum contacts" with your state (i.e., if he hasn't lived in your state, hasn't had assets or business interests in your state), he could contest jurisdiction in your state. On the other hand, if he files a Response to the divorce in your state, he will be consenting to jurisdiction in your state and the case can go forward.
Answer Applies to: California
Replied: 10/11/2011
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
Basically, there is no difference in the process whether he is in the same state as you or not. Depending on the facts and circumstances, it may be more difficult to serve papers and obtain personal jurisdiction over him, but the mere fact that he is in another state will not prevent the Colorado court from dissolving your marriage. If the court cannot acquire jurisdiction, there may be limits on what the court can do about property and financial issues.
Answer Applies to: Colorado
Replied: 10/11/2011
The Davies Law Firm, P.A.
The Davies Law Firm, P.A. | Robert F. Davies, Esq.
This is a pretty simple legal matter. I can help you with this. Give me a call, make an appointment to come see me, and let's get moving on this for you. No charge for the telephone call and no charge for the first office visit.
Answer Applies to: New Jersey
Replied: 10/28/2011
    Horizons Law Group, LLC
    Horizons Law Group, LLC | Michelle B. Fitzgerald
    You can file in the state you live in and have him served in his state. The divorce can proceed whether he participates or not, so long as you have him served.
    Answer Applies to: Wisconsin
    Replied: 10/28/2011
    The Law Office of Cathy R. Cook
    The Law Office of Cathy R. Cook | Cathy R. Cook
    If you and your husband never lived as husband and wife in Ohio, Ohio does not have jurisdiction over him. You can file for divorce in Ohio. You must serve your husband. If he challenges jurisdiction, you will not be able to proceed here. If he does not respond, you can obtain the divorce, but it is subject to being set aside by your husband.
    Answer Applies to: Ohio
    Replied: 10/11/2011
    Reza Athari & Associates, PLLC | Armand Fried
    If you lived in Nevada for the last 6 months, you can get a divorce here. Obviously, it helps if your husband is willing to sign the required docs but it can be done without his consent. If there are property or custody issues it gets more complicated but the divorce itself can be obtained here if Nevada has been your primary residence for at least six months immediately precedign the start of the action for divorce.
    Answer Applies to: Nevada
    Replied: 10/11/2011
    Donaldson Stewart, PC
    Donaldson Stewart, PC | Monica H. Donaldson Stewart
    You do not have to live in the same state where you were married and you do not have to live in the same state as each other. If you have established residency in Arizona (e.g. you have lived here for at least 90 days), then you can file for divorce here. An alternative may be to file in the state where he resides. However, I cannot tell you whether the law is more favorable to you here or in that other state.
    Answer Applies to: Arizona
    Replied: 10/11/2011
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    File for divorce in your state of residence and have him served by a process server wherever he lives.
    Answer Applies to: New York
    Replied: 10/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If you live in the same state, then you can file in the state in which you both live, regardless of where you were married. If you live in different states, you need to consult with a lawyer regarding the options available to you.
    Answer Applies to: Georgia
    Replied: 10/10/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Just file where you live.
    Answer Applies to: Michigan
    Replied: 7/8/2013
    Law Offices of Paul A. Eads, A.P.C.
    Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
    File a disso here and have him served wherever he is at.
    Answer Applies to: California
    Replied: 10/28/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    So long as you meet jurisdictional requirements, dissolution paperwork may be filed in the county and state in which you currently live.
    Answer Applies to: California
    Replied: 10/10/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file in the County and State you live in. It is just a matter of getting him served, which shouldn't be a problem.
    Answer Applies to: California
    Replied: 10/10/2011
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    If you have resided in CA for at least 6 months and in the county where you live for 3 months, you can file a divorce action there. However, all the CA court may be able to do is terminate your marriage. If you have property, support or debt issues, there may be a jurisdiction issue over wether the court has the power to deal with these property issues.
    Answer Applies to: California
    Replied: 10/10/2011
    Gregory T. Buckley, Attorney at Law
    Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
    As long as you have been a resident of the state of Florida for at least six months, you can file for divorce here. Your husband will need to be served by the Sheriff where he lives with copies of the documents filed in court here.
    Answer Applies to: Florida
    Replied: 10/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you've been a California residence for 6 months, then you can file a divorce petition here. You can then serve your husband by mail (called Notice and Acknowledgement). If he refuses to accept service by mail, then you can hire a process server to personally serve your husband. You can find a process server company located where your husband lives via Google. Most large process server companies have offices all over the country. Once he is served, you can proceed to try to reach terms on all issues. If agreements can't be reached, then you can proceed to trial, and he will have to travel here. Or, you can take his default if he doesn't respond to the divorce petition. Call a local family law lawyer to help you.
    Answer Applies to: California
    Replied: 10/10/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    We can file your divorce through publication if you do not know where he is living. If you do know where he is living we can have him served by the local sheriff in the town/city in which he is living.
    Answer Applies to: Illinois
    Replied: 10/10/2011
    The Zwiebel Law Firm, LLC
    The Zwiebel Law Firm, LLC | Elizabeth Zwiebel
    If you have lived in Alabama for the past 6 months, you can get divorced. Your spouse can sign the divorce papers and the papers can be filed by an attorney.
    Answer Applies to: Alabama
    Replied: 10/10/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    The divorce would be pretty much the same as it would be in you lived in the same state. The areas of difference are likely to be two. First, there are the issues of jurisdiction and venue. Those will depend on the factual details of your case. Specifically, things like who lived where and for how long; are there children; where have they lived for how long. Second, some of the time lines will change. For example, in Washington, if you file in this state and personally serve someone in this state, they have 20 days to respond. If you file in this state and personally serve them in another state, they have 60 days to respond. If you file in this state and serve by mail, they have 90 days to respond.
    Answer Applies to: Washington
    Replied: 10/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You should file for divorce in the state in which you have resided for the past 6 months.
    Answer Applies to: Oregon
    Replied: 10/10/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Generally, one key is whether or not you meet Georgia's six month residency requirement, irrespective of where you were married. We recommend you consult with a divorce attorney about all your rights and options.
    Answer Applies to: Georgia
    Replied: 10/10/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    Commence the action where you live and he can be served out of state where he lives.
    Answer Applies to: Connecticut
    Replied: 10/10/2011
    The English Law Firm
    The English Law Firm | Robert English
    You can file a divorce in your current state. The only requirement for him is that you serve the papers on him.
    Answer Applies to: California
    Replied: 10/10/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You can file in your state or in the state he lives. The state you pick should be the one that is more favorable to you. However, you might need to consult an attorney in order to determine which state is better for you.
    Answer Applies to: California
    Replied: 10/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You have him served with divorce papers in his State and file them in your own. In Minnesota, you may file in this state once you have resided here for 180 days.
    Answer Applies to: Minnesota
    Replied: 10/10/2011
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    To get a divorce in New Jersey only ONE spouse need have resided in New Jersey for one year preceding the filing of the complaint for divorce. YOU are that spouse. File for divorce whenever you like.
    Answer Applies to: New Jersey
    Replied: 10/10/2011
    Law Office of Cassandra Savoy
    Law Office of Cassandra Savoy | Cassandra Savoy
    You file in the state where you live, and you have him personally served in the state where he lives.
    Answer Applies to: New Jersey
    Replied: 10/10/2011
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