If my ex filed for divorce in one stateand I am living in another state, in which state do I need to file?

Asked on August 29, 2011 Oklahoma

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In most instances, proper venue (location of the filing of a lawsuit in a state's specific county) for a marital dissolution action is the state where the couple were last living together at the time of legal separation.

The rationale is that the assets of the marital community were in that county's and state's jurisdiction at the time of legal separation and as such, that state's laws concerning the division of assets and liabilities of the marriage should control.

If you are served with the petition and summons for a marital dissolution in another state from which you last lived your soon to be former spouse and you do contest the petition within a set period of time, you could be deemed to have waived any claims that venue in the other state and county is improper.

Good question.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.