How can I get a divorce if my husband is in another state?

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How can I get a divorce if my husband is in another state?

We have been separated 5 years no kids or property.

Asked on January 14, 2016 under Family Law, Tennessee

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can file in the state where either you or your spouse legally resides; each state has different requirements regarding the length of time that a spouse must have lived in the jurisdiction before they can get a divorce there. Further, many states have a separate requirement of how long a person must have resided in the county, although a few have no residency requirements at all.
In general, when choosing in which state to file, you should be aware that there are differences in how states treat issues related to the divorce, including alimony, child custody/support and the division of property. So consider which state has the laws that may work the most in your favor before you file.
That having been said, since you have no children or property to deal with, filing in your home state may be the most convenient and least expensive for you.


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