Where should I retain a lawyer in to finalize my divorce – in the state in whichI live or in the state where myhusband lives?

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Where should I retain a lawyer in to finalize my divorce – in the state in whichI live or in the state where myhusband lives?

My soon to be ex lives (1 year) and has retained a lawyer in FL; I live in SC (4 months).

Asked on August 9, 2010 under Family Law, South Carolina

Answers:

Maria Tasi Blakely / Maria Tasi Blakely, Attorney-at-Law

Answered 10 years ago | Contributor

The answer is probably Florida. In these type of cases, it is usually a race to the courthouse. I can't tell from your question if your husband has already filed for divorce. If he has, there is no question that you'll have to fight the case in Florida. Even if he hasn't yet filed, you may not have a choice. Whether you can file in S.C. depends upon the jurisdictional requirement of the State; i.e., how long do you have to be a state residence before you can file. In many states it starts at 6 months & can go up to a year. The only person who can answer that question is a S.C. attorney. But, remember, even if you could file, if your husband files first, you will have to deal with the case in Florida.

 

Hope this helps.


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