If my husband and I have officially filed for divorce in one state and we both get job offers to moveto another state, do we have to refile?

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If my husband and I have officially filed for divorce in one state and we both get job offers to moveto another state, do we have to refile?

We filed for divorce 3 years ago, just finished custody mediation. No court date has been set. We both have job offers in MA and are thinking of relocating there. Can we continue our divorce in CAin absentia? We will not be fighting over financial stuff at all. We don’t have any real assets and our debt has all been consolidated into a new car loan.

Asked on August 25, 2011 California

Answers:

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

Answered 10 years ago | Contributor

Well, you probably have a choice:  you can withdraw your petition in California and re-file in Massachusetts once you meed to residency requirements there.  Or you can continue with the divorce proceeding in California.  Remember, though, that you will have to go to California to finalize the divorce.  Generally speaking, courts only require that you fulfill a residency requirement priorto the filing of your divorce (the residency requirement varies from state to state and can be as little as 30 days but as long as 6 months) in order to give the court jurisdiction over you.  Most states oly require jurisdiction for filing over the petitioner but will require that jurisdiction be obtained in someway over the respondent before a determination on the divorce is made (Georgia is an exception here).  It really I guess depends on how far along you are and what will be easier for you in the long run.  Consult with your lawyer and figure out the cost for doing both.  Then you can make a decision.  Good luck.


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