Would the petitioner be able to file their divorce in his home state? 1 Answers as of August 19, 2016

Petitioner is now a veteran from the navy. Petitioner now lives in his original home state and his spouse in another state. It is a same sex marriage.

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If the respondent never lived in the state in which the petitioner now lives, that state does not have jurisdiction over him. Nor would it have jurisdiction over property in another state. The fact that it's a same sex marriage is irrelevant. A divorce is a divorce. Jurisdiction would be in the state in which the parties lived together or had property or in which the other party is willing to subject himself to jurisdiction if no real property is involved.
Answer Applies to: Washington
Replied: 8/19/2016
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