When a couple decides to separate, they sometimes move to different states. If they subsequently decide to divorce, they can face some challenges, as every state’s divorce laws are a bit different. In this article, we will discuss the procedure by which to file divorce if a spouse is living out of state.
Filing for an Out-of State Divorce
When filing for divorce from a spouse that lives in another state, the most important thing to consider is residency. Every state’s residency requirements are different, and if you file in a state other than the one in which you live, the court will not accept your case.
For your divorce to be legitimate, you’ll have to have your spouse served papers in person, ask them to sign an affidavit that they received the papers, or ask them to appear in your court. You can file in your home state as long as you meet its residency requirements.
Filing in a Particular State: The Advantages
When you want a divorce, you can only file in your state or that in which your spouse lives. It may be advantageous for you to file in a particular state; that’s why it’s important to call a Divorce Attorney in Albuquerque, NM before filing. Issues affected by filing state choice include:
Child visitation and custody: Every state’s laws on divorce, child visitation and custody are different, and your attorney can tell you which choice would be best in your situation.
Property division: Some states classify marital property differently, and divide it differently at the end of a marriage. Consult a Divorce Attorney as to whether you live in a community property or equitable distribution state-;your situation can affect your settlement.
Simultaneous Filing in Different States
If both spouses file at nearly the same time in their respective states, the rule is that the case will be heard in the state where papers were first filed. Courts are more likely to hear the case of the spouse who first notified the other of the intent to file. If a suit has been filed, but is delayed, the other spouse can only wait-;but they can contact a Divorce Attorney in Albuquerque, NM to expedite the process.
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