Legal Question in Family Law in Oregon
jurisdiction
My husband and I want to get a no-contest divorce. We do not have children and have already divided our community property. We lived in Washington, DC, but now reside in different states. Can we file and get a divorce in DC without living there? Does either of us need to be there to file when there is nothing left to decide?
1 Answer from Attorneys
Re: jurisdiction
QUESTION:
My husband and I want to get a no-contest divorce. We do not have children and have already divided our community property. We lived in Washington, DC, but now reside in different states. Can we file and get a divorce in DC without living there? Does either of us need to be there to file when there is nothing left to decide?
ANSWER:
You must file the divorce proceeding in a state that has "jurisdictional authority" to grant a judgment declaring the marriage as dissolved. Generally, this would be a state in which at least one spouse has resided for six continuous months. If you are living in Oregon, you may file in this state as soon as you have lived here for six months. Makes no difference that your spouse is living in another state.
LAWRENCE D. GORIN
http://www.divorcesource.com/OR/pages/ldgorin.html
Law Offices of L.D. Gorin
521 S.W. Clay St., Suite 205
Portland, Oregon 97201
Telephone: 503.224.8884
Fax: 503.226.1321
E-mail: [email protected]