Can i file for divorce in my state if my wife is moving to another state?

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Can i file for divorce in my state if my wife is moving to another state?

We only been married 6 months. We have a daughter who my wife told me wasn’t mine. Will I have to pay child support? Additionally, she wants alimony. She doesn’t work but wasn’t working when we met. I live in LA and she lives in MS. 

Asked on May 4, 2011 under Family Law, Louisiana

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  First things first.  If you meet the residency requirements for the state of Louisiana then you can file for divorce there even if your wife lives in Mississippi.  The issue will be serving her with the divorce papers.  If it is an uncontested divorce then there may be paperwork that she can file accepting service and waiving answering, etc.  That is something you should check with your attorney. Now, as for your daughter.  A child born to a husband and wife during the marriage - which your daughter is here - is presumed to be a child of the marriage.  So if your wife is saying that your daughter is not yours demand a paternity test.  Otherwise you will be paying child support.  Good luck to you.


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