How do I get my divorce decree transferred to another state where my kids and I live?
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How do I get my divorce decree transferred to another state where my kids and I live?
I moved back home to OK while my ex-husband was deployed, so I could be closer to family. He decided he wanted a divorce and got the papers from on-line. We filled them out and I filed them to TN while living in OK. He is back now and there has been significant changes in circumstances of the decree and I need the divorce decree transferred to the state I’m living in now to pursue legal issues. I have lived on OK for the past 3 years now. I cannot financially afford to travel or leave my kids to take care of the legal issues with their dad.
Asked on April 25, 2011 under Family Law, Oklahoma
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The recognition of a divorce decree issued in one state by another state is done under the Full Faith and Credit Clause of the United States Constitution. It states that a state must recognize the public acts, records and judicial proceedings of every other state. It requires that any final judgment entered by the courts of a state acting consistent with state laws and with constitutional requirements, must be recognized and enforced in every other state. You must, though, go through the process of registering the decree in the state of Oklahoma. I would go down to the Court in the county in which you now reside and ask them (the matrimonial clerk) what you need to get from Tennessee (generally a certified copy of the decree) and what accompanying paperwork you need to file it. If you want to modify the issue with regards to the children then they must be residing in Oklahoma as well. Be aware that I fear there may be problems with an on line divorce and it would be best for you to have an attorney in your area review the documentation. Good luck to you.
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