Can I divorce my wife in her state of residence if I now reside out of state?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I divorce my wife in her state of residence if I now reside out of state?

My wife and I have been separated for 4 years. I am ready to file now but have been living in another state for the last 6 months. We were married in the state in which my wife currently still lives. I don’t expect it to be a simple divorce; I have a girlfriend that has lived with me for 3 years. Can I file and do the paperwork from my state of residence to where I only have to go back to my former state of residence for the hearing?

Asked on May 1, 2012 under Family Law, Nebraska

Answers:

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

Answered 9 years ago | Contributor

No, you can not file in your wife's state.  You must file for divorce in the state in which you reside and meet the residency requirements therein.  6 months is the time frame in most states but it can be more so I would check.  The reason for this is that the court in the former state would not have what is known as jurisdiction over you to make a decision since you do not live there.  Good luck.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption