Do I have to stay in the state where the divorce is filed?

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Do I have to stay in the state where the divorce is filed?

We married in SD and both retired. My residency is in SD; his in TN and we travel a lot. If the divorce papers are filed in TN, do I have to stay there until it is final? We have a pre-nup and have been married 2 years.

Asked on May 1, 2018 under Family Law, South Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

No, you are not required to stay where the divorce is filed unless the court issues an order requiring it in order to take care of a minor child during the divorce (i.e. so both parents are around). Otherwise, while you would have to go back for certain court proceedings in in the divorce, you may otherwise live and travel where you like.


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