Which state do you file in – where you wed or where you live?
When you file for divorce, you will file in the area of your current residency. In most cases this will be in the county where you currently live. However, there is an exception to this rule. Most county courts have a residency length requirement.
As a general rule, the county court will require you to have lived in the county for the last six consecutive months to file for divorce within that county. This must be the six months prior to filing. If you have not lived in the area that long, you will either be required to wait until that amount of time has passed, or you will be required to go back to the area where you previously lived to file for the Dissolution of Marriage.
There may be certain conditions where the court will overlook the residency requirement, but you would need an attorney to present the issue to the court for approval.
You are not required to file for divorce in the state which you were married.
Long Distance Divorce
If you have moved out of the area from where you were married, you may not have to return to that area for the divorce to be completed. In many cases your divorce attorney can handle everything by mail and work directly with the attorney representing yoru former spouse.
The attorney will present the terms of your divorce to the court once both parties agree. The court will generally grant the dissolution, even if both parties are not present, if all the terms of the divorce have been agreed to by both sides and there is evidence to show of that agreement.
Divorce Without Spouse Notification
If you are seeking a divorce and cannot locate your spouse because they have moved out of the area, you will need to work closely with a divorce attorney. Your attorney can seek a divorce on your behalf based on the law concerning abandonment.
Every state has laws that address the issue of a spouse abandoning the other one. Each state is different, however, which is why you will need to work with an attorney to seek this type of dissolution. Your attorney will work with you to show you what steps need to be taken to prove abandonment and help you file for a divorce under these conditions.
Marriage Is A Contract
Marriage is seen in the eyes of the law as a binding contract between two people. This is why there are so many rules and regulations concerning the dissolution of a marriage. All of these regulations must be followed to ensure that the contract is broken in such a manner that all parties are satisfied.
Working with a divorce attorney when you are seeking to dissolve your marriage is the best way to ensure that all these laws and regulations are followed. Your attorney can help ensure that the divorce process moves quickly and is in compliance with all state laws. Having an attorney will also help ensure that your best interests are always taken into consideration during the entire process.