CanI file one state’s divorce papers in another state?

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CanI file one state’s divorce papers in another state?

My husband and I are getting a divorce and he lives in SC and I live in VT. The divorce papers were printed out and signed on the SC documents form on-line. Is it possible for me to go to my local courthouse and use the divorce papers from SC and file them up here? Or will they make me resend him divorce papers again from VT and have him sign them. It has taken him 2 years to sign these so I’m really afraid that it will take longer. What should I do since SC says that I have to fly down there in order to get a divorce?

Asked on March 1, 2011 under Family Law, Vermont

Answers:

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

Answered 10 years ago | Contributor

No, I believe not. Generally speaking paperwork is tailored to the statein which it is going to be filed.  May I ask: can he not file them?  I believe that he will have to anyway since you are not a resident of the state any longer and you need to be to file an action for divorce. That is the rule everywhere.  It is generally that you must be a resident for a specific amount of time  - 6 months, a year - in order to bring an action for divorce.  I think that you need to hire an attorney at this point in time.  Doing things on line does not give me such confidence when things like marriages are at stake. 


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