How does one determine which state has jurisdiction?
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How does one determine which state has jurisdiction?
I live in GA. My estranged spouse lives
in NY. Our child support is enforced by
state of Va.
We were married and lived in Va together
for about 5 years.
We are legally separated. We have lived
apart for well over 15yr
Which state should our divorce be filed?
Asked on June 4, 2019 under Family Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
It could be in either GA or NY: it has to be in state in which at least one spouse lives (states in which you don't live do not have any interest in or jurisdiction over your marriage), but either of the states in which one of the spouses has a residence is equally valid for this purpose and it will come down to who files first in which state (or they jointly agree on a state to file in).
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