Must our legal separation be filed in the same state as our divorce?

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Must our legal separation be filed in the same state as our divorce?

Asked on June 24, 2015 under Family Law, Iowa

Answers:

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

Answered 6 years ago | Contributor

This question is a bit confusing.  The rule is that you need to meet the state requirements as to residency in order to file for divorce in that state.  If the separation agreement was filed in one state and you moved then so long as you establish residency for the predicate period to filing divorce in the new state you should be fine.  The new state will recognize the agreement.  Good luck.


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