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Can I file in my home state if our divorce is stalled in his state?

October 4, 2017

Filling a divorce can be done in different states as long as the couples meet the legal requirement. The process of filling a divorce in another county or state must be followed to the latter, to ensure that your request is permitted. In a case where a spouse’s application is dismissed in his state, you can proceed to file it in your home state. However, you need to understand the requirements to be met before applying for divorce to the legal court. Here are tips for successfully filling a divorce file in your home state.
Choice of Law Allows Divorce Filling in the Different States

Whether you choose to file a divorce case in his or your home state depends on various issues. If you and your spouse agree on material terms of the divorce, the state where you file a case does not matter a lot. Therefore, if a divorce file gets a dismissal from one state, you’ll still have an opportunity to present it in your home county. Some courts reject divorce papers once they realize they are the ones who approved the marriage and issued a marriage certificate.

Jurisdiction Issues

A court may not possess jurisdiction over another spouse, but it has command over marriage. Therefore, once the filing of divorce in his state fails, you’ll still have a chance to file it in your home state. As such, a home state court may as well have jurisdiction over property and child custody. Hence, the legal body can find it easy to handle a divorce case with such power at their disposal.

Full Faith and Credit

Courts are required to honor divorce files that are issued by folks from other states. The specified provision is rendered through the Full Faith and Credit section of the Integrated States constitution. If a divorce file faces rejection in his state court, the spouse can be issued with a court order to seek help from your home court. Once, you have reached an agreement to file for divorce, then the home state court should honor the order issued from another state court.

Residency Requirement

You don’t necessarily have to file a divorce in a state where you got married. A spouse can file the papers in a court close to the place of residence. In a situation where the divorce file gets dismissed, you can file it in your home county. The divorce file can only be accepted if a spouse meets the residency requirement. The law requires a person presenting a divorce in a state to have resided there for at least six months.

Provide a Notice to Your Spouse

The best way to proceed with divorce file in another county is to issue a copy of the file to your spouse. Make sure no details are altered as agreed upon initially. In this case, when the court in his hometown dismisses the petition, you’ll have his support in form of signed notice. With this advisory, follow legal process in your state and get the application allowed.

If a divorce is stalled in one state, both spouses have the right to file a petition in their home states. Thus, the other spouse can as well file the divorce papers. You need to look for a competent attorney to assist you in filing the case without defaults, to avoid its dismissal.

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