How wouldI file for divorceif I live inone stateand my spouse lives in another?

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How wouldI file for divorceif I live inone stateand my spouse lives in another?

I am currrently separated and would like to file for divorce very soon. I live in AZ and my spouse resides in NY. We have 2 children, aged 20 and 17. Am I financially responsible for the 17 year-old who will be 18 in less than 6 months. Am I required to pay alimony even though my spouse earns more than I do?

Asked on October 25, 2010 under Family Law, Arizona

Answers:

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

Answered 10 years ago | Contributor

You can file for divorce in the State of Arizona.  That is where you are a resident and that court has the jurisdiction you need to start the action.  Then you will have to make sure that you spouse is served with the papers under the law in your state.  You are legally responsible for your children until they reach majority.  Majority is generally 18.  But a court can make you financially responsible for a longer period of time depending on the circumstances (college, health of the child, etc.)  Alimony is determined by considering many factors and the ability of your spouse to support his or her self is a big one.  Alimony can be temporary for rehabilitation or it can be permanent.  You need to seek help from an attorney in your area who can look at your situation and let you know what will apply.  Good luck.


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