If you and your spouse reside in different states and you have decided to seek a divorce from your partner, learn how an interstate divorce works and occasions in which you may want to travel to the alternate state that your marriage took place in. A divorce attorney can help you determine how to proceed with the legal matter.
The Current Location And The State Of Origin
The person who files for a divorce first will receive precedence over the other party. If only one party has filed, a court of law that is located within the state where the party resides can be utilized for a standard divorce, unless there are situations that would make using a court in the state where a marriage took place more ideal. For instance, if a divorce is not going to be contested and there is little marital property to split, remaining in the state of origin (where the paperwork was filed) will be sufficient.
However, if there are children involved and they reside with one parent and the other parent lives far away, going back to the state where a marriage took place may be necessary. Difficult circumstances surrounding a divorce may constitute more in-depth steps. Since the location where the children were born may differ from where they are currently residing, it may not be legal to keep them in the new state without acquiring approval through a court or having a formal visitation plan in place that is fair to both parties.
Residency Requirements And Support
Your current residency must be fully established, prior to seeking a divorce. This will involve having a valid address and identification. If you are going to seek legal counsel in a state that is different than the one where you got married, consult with an attorney about your right to file divorce proceedings and validate that you have resided within the state for the required amount of time.
If you are seeking support throughout the divorce and would like to mend some issues with your partner, consulting with a mediator may be necessary. With a mediator, both parties will need to be present. If your spouse is not willing to travel to the state where you currently reside, you will either need to visit a mediator in your spouse's home state or set up a mediator meeting in the state of origin where the two of you were married.
Hello, I'm Phillip Kerr and I just love the legal profession and courtroom drama. Have you ever watched judge shows on TV? I know that these shows are not an accurate representation of the courtroom, but there is something you may have noticed. Some individuals come into the courtroom well-dressed, articulate, respectful and with the knowledge and documents necessary to support a case, while others come unprepared, slovenly dressed and appear as if they do not have a care in the world. How you present yourself and the knowledge that you have of the law will have an impact on how you are treated, even if you have legal representation. This blog is designed to assist those who are going to trial in doing just that.