Legal Question in Family Law in Idaho

Divorce!

I no longer live in the state i got married in.. can i file in my state and have it sent to him in the state he lives in witch is the state we got married in or do i have to get the papers from that state and file in that state ?


Asked on 2/28/07, 1:21 am

1 Answer from Attorneys

Lawrence D. Gorin, Atty. Law Offices of Lawrence Gorin

Re: Divorce!

Generally, for purposes of having a marriage declared as terminated and dissolved, it can be done in any state in which at least one spouse has met the state's residency requirement for divorce. In most states, this is six months of continuous residency immediately preceding the filing of the divorce papers. (The state in which the marriage occurred has no relevance or importance.)

NOTE, however, that the state that has authority (based on residency) to declare the marriage as dissolved may not necessarily also have authority to make decisions regarding issues of child custody, visitation and child support.

Sometimes, when each spouse lives in a different state, for example, State A will may have authority to grant the divorce while State B (and not State A) has "exclusive jurisdiction" to make custody determinations or establish child support obligations.

Best to consult with any attorney. Each case has to be evaluated on its own particular facts.

L.D. Gorin, attorney

Portland, Oregon.

Available for fee consultation. (Usually $100.)

503.224.8884.

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Answered on 2/28/07, 2:00 pm


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