If my husband filed for divorce in one state but I live in another, in which state do I hire an attorney?

He doesn’t want our 2 kids (5 years and 7 months old). How much will he have to pay in child support? Will I have to go to court? And what am I entitled to if I stayed at home with the kids?

Asked on July 15, 2012 under Family Law, Georgia


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

Answered 8 years ago | Contributor

I am so sorry for your situation.  As long as he meets the residency requirements of the state in which he filed then it is fine that he filed there.  However, in order to deal with the custody issue of the children an action has to be brought in the county and state in which the children reside, otherwise a court can not rule on that matter.  I would speak with ana ttorney in your area about the best procedural way to deal with this given the custody issue.  Obviously it would be cheaper to deal with the divorce in his state by hiring an attorney there, but I would speak with an attorney in your state first. CHild support is determined by state guidelines.  Spousal support by various factors that need to be discussed.  Good luck.

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