My Husband And I Are Separated And He Lives In Another State. What State Do We File For Divorce In?

The divorce process potentially becomes complex when the applicable parties no longer reside in the same state. Because each state is different, divorcing partners should research the requirements of each and choose the option that offers the least amount of obstacles. The person filing for divorce, however, must meet the residency requirement of the particular state he or she is filing in. Furthermore, they need to be able to prove that they meet that requirement by providing the court with documentation such as a current drivers license or state-issued identification card.

Separated spouses who are in basic agreement concerning the terms of their upcoming divorce may simply want to get it over with as quickly as possible. If that’s your situation, you’re probably better off filing through the courts in the state in which you already live. However, if complications such as division of significant property or determining child custody exist, you may be better off considering establishing residency in the state your soon-to-be ex resides in if applicable state laws are in your favor. Keep in mind, though, that different states have different residency requirement. A handful have none – all you need to do is claim residency to be considered a legal resident, while others require that you live in the state for a specified amount of time. In some states, such as Oregon, it can be as little as 20 days, while others, such as Alaska, require that you live in the state for a minimum of one year before being granted the rights of a legal resident.

Before you file for divorce in any state, you should meet with an experienced, qualified attorney to explore your filing options. Please feel free to contact the Jackson Law Firm at your earliest convenience for more information on filing for divorce.