How do we go about getting divorced when we live in different states and were married in a different state than what either of us live in?

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How do we go about getting divorced when we live in different states and were married in a different state than what either of us live in?

We have been seprted for a year. We do not have any children or own anything together. We are amicable.

Asked on October 30, 2012 under Family Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can file in either state where one of you has met that state's residency requirements.  Where you were married doesn't matter-- where you currently reside is what controls.  If one spouse never lived in the filing state, they can still consent to the divorce going forward in that state.  Considering that there are no children, no joint property, and you are amicable... this really is just a matter of picking a state and filing a petition for divorce.  Most states allow the other spouse to sign a waiver of citation (meaning that they won't require you to serve them with notice of the suit).  After the petition is filed, you'll need to have a final order prepared.  Usually, states will have some type of waiting period before you can finalize the divorce.  Before you file, you should both shop the attorneys and courts in your respective states.  See which state/county offers the lower filing fee, the shorter filing time, and who can find an attorney to represent you for a reasonable price.


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