How do I move a finalized divorce from one state to another?
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How do I move a finalized divorce from one state to another?
Asked on October 1, 2012 under Family Law, Oregon
Answers:
B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
You have to file a motion to transfer. The motion to transfer will be subject to the approval by the judge in the state where the divorce is currently pending and the venue/jurisdiction rules of the receiving state. If a transfer is approved, then the requesting party also has to pay the expense of the transfer-- which usually involves a copying fee for the entire file. They will not usually send the case on until the whole copying and transfer fee has been paid.
Transfer's can be expensive and tedious. They are more convenient if the parties agree and it prevents a relitigation of issues. If a party is close to winding up a divorce they would be better off just trying to use the hearing to finalize the divorce, rather than trying to transfer it.
If the divorce is relatively new and both parties agree, a cheaper route in some jurisdictions is to simply dismiss the pending divorce suit and refile in the new state.
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