Can I still file for divorce in the state in which I used to live so that I don’t have to wait to gain residency in the state in which I now live?

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Can I still file for divorce in the state in which I used to live so that I don’t have to wait to gain residency in the state in which I now live?

I moved here a month ago. Can I still file for divorce in my former state so that I don’t have to wait for 5 to 6 months residency to file for divorce here? My spouse is not a resident of my former state.

Asked on May 17, 2012 under Family Law, Hawaii

Answers:

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

Answered 8 years ago | Contributor

I would not do it.  You could take the chance that the court will void the judgement since you were technically defrauding them when you filed for divorce.  And rememeber that you may have to appear for at least one time before the judge in order to obtain the divorce. The other option is to have your wife file in the state in which she resides as long a she has gained residency there.  Good luck.


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