How do I transfer my divorce from one state to another?

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How do I transfer my divorce from one state to another?

I am an AL resident. I was born and raised here. I met my ex-husband and moved to IN for a short period of like 8 months; we had a daughter while there. We then moved back to AL; our daughter was 6 months old at the time. He left and moved back to IN in 2005. He had no contact with us until he got another women pregnant and then he wanted a divorce. He filed in IN. My child and I have lived in AL the whole time (also we got married in AL).

Asked on September 2, 2010 under Family Law, Alabama

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am sorry for your troubles.  He filed based upon his residency and that is permitted under the law.  And he was first in time so he may be first in right.  What you need to do is to consult with an attorney in Alabama as to if you have any grounds or basis to file a motion to transfer the matter to Alabama.  It will require possibly that you start an action in Alabama as well.  Sometimes courts permit the transfer of actions on certain grounds: witness availability, record availability, etc.  Only an attorney in the field of law would be able to tell you if that will be a possibility in your case and if in fact it is done.  Otherwise, you may have to defend the action in Indiana.  Or come to a settlement agreement, which may be the least expensive way to go.  Good luck.    


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