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A divorce can be complicated. When you split from your spouse, the two of you may not remain in the same town, county or even state. If one of you moves out of state before you file for divorce, you can still file. There are no laws against filing for divorce when one spouse is out of state. There are steps that you should follow, however, to ensure a smooth divorce.
Find Out Your State’s Requirements
If you choose to file for divorce, you need to make sure that you can file for divorce in your state. If you moved to a new state when you separated from your spouse, it is crucial that you pay attention to residency requirements. Some states require you to have been a resident for six months. Some states may have shorter requirements but you have to ensure that you meet your state’s requirements.
Decide Which State to File In
If you and your spouse are in contact with one another and in agreement about the divorce, you may want to discuss which of you should file for divorce first. The state where the first person files divorce from is the state that will have jurisdiction. All states have their own laws regarding divorce. Keep in mind that when you file for divorce in a different state from your spouse that your spouse will have to travel to the proceedings. Additionally, he or she may have to find a lawyer in your state.
Make Sure You Know Your Spouse’s Location
If your spouse moved out of state, you have to make an effort to find him or her so that you can serve him or her the divorce papers. If you cannot locate your spouse, then you may have to put a notice of your divorce in a newspaper close to your partner’s last known whereabouts. You can still file for divorce if you cannot find him or her, but it is easier if you can find your spouse.
When it comes to divorce, you need to consider state laws before you file a petition to divorce. Your state can affect your finances, your property division and even child support. Before you file for divorce, consult with a family lawyer, such as from May Law, LLP. He or she will be able to explain to you the laws in your state so that you can decide which state you want to have jurisdiction.