Do I need a lawyer to get a divorce if my spouse and I live in 2 different states?

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Do I need a lawyer to get a divorce if my spouse and I live in 2 different states?

I was married and when we separated I moved out of state. I now want to get a divorce. I lhave lived in my new state of residence for over 3 years. Do I have to have a lawyer to file this way? We do have a child and court ordered child support is already set up. If you could just tell me what I need to do I would really appreciate it.

Asked on May 9, 2012 under Family Law, North Carolina

Answers:

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

Answered 9 years ago | Contributor

You do not necessarily need an attorney to file divorce papers and since you already have a child support order in place it can be incorporated so long as it follows the state child support guidelines.  If you are filing it would be in your new state.  But understand that child custody determinations can only be made by a court in the state in which the CHILD resides. So I would just consult an attorney as to your situation (you do not have to hire him or her).  Good luck.  


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