How to go about divorce if we live in different states and we both have 401k retirement? 4 Answers as of February 08, 2017

My wife lives in another state. Children are 26 and 30. There is no common investment or property.

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Law Office of Barton R. Resnicoff | Barton R. Resnicoff
It is a question of jurisdiction; you can get the divorce in one state and deal with the property issues in another state; or proceed where the courts can have jurisdiction over both of you.
Answer Applies to: New York
Replied: 2/8/2017
Joel R. Salinger Attorney at Law
Joel R. Salinger Attorney at Law | Joel R. Salinger
As long as you satisfy the resident requirements in the state you are living in, you can file for divorce. You will also have to serve them properly with the summons and complaint as required under the law. Doing both of those will bind your spouse to the case and the court in that state can do the entire case including any retirement benefits.
Answer Applies to: New York
Replied: 1/24/2017
Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
You file in whatever state you lived in together or a state which has jurisdiction over her.
Answer Applies to: Washington
Replied: 1/24/2017
Glenn Milgraum PC
Glenn Milgraum PC | Glenn P. Milgraum
This may be easier than you think. First you need to establish, if you haven't already done so, the required residency in the State (for you or your spouse) where you are going to commence the action in. If you have residency then an action can be commenced. Go to the website for your State Court and see if there is a posting about filing for divorce (usually is). If your spouse is agreeable, you may be able to bring the action as "uncontested". As to the pension, their a companies that will do the necessary work for you on what is better known as a QDRO (Qualified Domestic Relations Order). One such company is Lexington Pensions, utilized by the Courts in NY and NJ and maybe other states as well. If it gets complicated, and even if it doesn't, you might want to seek the advice of counsel. Good Luck.
Answer Applies to: New Jersey
Replied: 1/24/2017
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