Where should I retain a lawyer in to finalize my divorce - in the state in which I live or in the state where my husband lives?

Question Details:

My soon to be ex lives (1 year) and has retained a lawyer in FL; I live in SC (4 months).

Asked 8/9/2010 under Divorce, Marriage, Alimony | 199 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Divorce, Marriage, Alimony Law Answers

Maria Tasi Blakely / Maria Tasi Blakely, Attorney-at-Law Answered 1 year ago | Contributor This attorney is licensed in Oklahoma

The answer is probably Florida. In these type of cases, it is usually a race to the courthouse. I can't tell from your question if your husband has already filed for divorce. If he has, there is no question that you'll have to fight the case in Florida. Even if he hasn't yet filed, you may not have a choice. Whether you can file in S.C. depends upon the jurisdictional requirement of the State; i.e., how long do you have to be a state residence before you can file. In many states it starts at 6 months & can go up to a year. The only person who can answer that question is a S.C. attorney. But, remember, even if you could file, if your husband files first, you will have to deal with the case in Florida.

Hope this helps.

Related Divorce, Marriage, Alimony Questions

Didn't find your answer? Ask.

AttorneyPages.com

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...