How do I move a finalized divorce from one state to another?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption