Divorce is already a complicated process, but it becomes more complicated when one spouse lives in another state. However, you should know that just because one spouse lives in a different state, doesn’t mean that a divorce cannot be completed.
Residency Requirements
When you are filing for divorce, you may wonder if you have to return to the state that issued your marriage license to do so. However, this is not the case – you can only file in the state where you or your spouse meet a ‘residency requirement.’ Before your divorce even goes in front of the judge, this requirement must be met by either you or your spouse. The residency requirement is the amount of time that you have lived in a state before you are able to file for a divorce. In California, the requirement is 6 months, but this varies from state to state. If you or your spouse has recently moved, you must be prepared to wait until the requirement is met and you can move forward.
How States Handle Different Matters
Sometimes, the state in which you reside virtually does not matter if you agree on a multitude of issues in your divorce. If things are straightforward, the process is usually easier. However, different states look at issues in different ways, including alimony, child support, custody, and property division. In some states, there may be favorable laws that benefit you and your spouse, and this is something that you should always consider. If you and your spouse both meet the residency requirement, both spouses may file for divorce. Usually, the state where the petition was first filed is the one that will take jurisdiction in divorce proceedings.
Every court system is supposed to honor divorces that are granted in other states. If you have gone through this particular process, then your divorce is valid. If you need information on how to start the process, call us today. We understand how complicated these matters can become, and we are here to answer your questions.