How does one determine which state has jurisdiction?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 1 year 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).


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