Legal Question in Family Law in District of Columbia

File for divorce in different states

I am a resident of Illinois, my wife lives in DC. She is here on a B-2 Tourist visa. (I never filed papers for her residency). She has lived in DC for more than 6 months.

If I file papers for a legal separation in Illinois, can she divorce me in DC?

If she files for divorce in DC, can I present the separation papers to the DC judge, and ask him to dismiss the case? I want the divorce to occur in Illinois, not in DC.

Thanks


Asked on 7/19/06, 11:28 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: File for divorce in different states

If you file a case in the appropriate Illinois court for a legal separation in contemplation of divorce, then the pending Illinois action should take precedence over any action filed later in the District of Columbia and the latter should be dismissed.

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Answered on 7/19/06, 12:41 pm


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