Can you move to another state and file for divorce?

A little over a year ago, my husband and I decided to separate. Shortly after, he moved out of state. He sent me a legal document about “7 months ago that said something about a Complaint for Divorce”. The paper really wasn’t clear on what exactly it was but I had to sign it and write my address on it, then send it back to him. I never heard anything more about it. I am now planning on moving to another state after Thanksgiving this month and I’m wondering if I can still get the divorce from there and how can I go about doing it? We have no children and own no property.

Asked on November 6, 2011 under Family Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Listen, you need to figure out exactly what it is that your husband served you with and check to see what was filed in the courts in the state in which he now lives.  I think that what he did was serve you with a Complaint and you actually signed and consented to being served, eve with out looking at the paper work.  For all you know you may in fact already be divorced.  Now, as for moving and filing your self, you need to meet the residency requirement of the state and sometimes county with in the state in order for you to be able to file for divorce.  Generally you must live in a state and county for 6 months before you can file for divorce. Please get some help here.  Good luck. 

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