Getting divorced while you and your spouse live in different states is a bit more complicated than getting divorced when you live in the same community. Many issues can come up. Can you go through the process in California? Who gets to decide where the divorce will occur?
You’ll have to satisfy the state’s residency requirements. Each state demands that an individual establish residency within its frontiers before filing for divorce in that state. The State of California understands that not all married couples will live in the same state when they decide to get divorced.
The state of California only requires one spouse to satisfy its residency requirements. It doesn’t matter which spouse – the petitioner or respondent – lives in the state. All that matters is that one of them does.
In which state should we get the divorce?
If a couple has a short-term marriage with no children and no substantial assets, it may not matter which state handles their divorce. However, state law can make a significant difference if a marriage involves child custody, child support, spousal support, and division of valuable property. Different states have different divorce laws. It’s important to consider the laws of the states in which you could possibly get a divorce. Determine which state’s laws would be most suitable for your particular situation.
Here are some important questions to answer:
1.-Where have I satisfied a state’s residency requirements?
2.-Which state’s divorce laws are most beneficial to me?
3.-Where do children who will be affected by the separation live?
What If We Want To Get Divorced In Different States?
If you and your soon to be ex-spouse can’t agree on which state should oversee your divorce procedures, who gets to make the final decision? Let’s say both states have jurisdiction – meaning that you satisfy all demands to get divorced in both. The divorce will happen in the state where the divorce papers are filed first.
A divorce lawyer in the state where you live can advise you of the benefits of filing for divorce in either state.
Contact our law firm today at 562-439-9001 if you or someone you know needs the help of an experienced family law attorney. We will be there when you call.
If you have recently been served with divorce papers in Long Beach, Seal Beach, Lakewood, Palos Verdes, San Pedro, Newport Beach, or Los Angeles; we can help you. William D. Evans family law attorneys are here to help you. Contact our law firm today at 562-439-900, schedule a free consultation!