Filing a Divorce When You and Your Spouse Live in Different States
When matters in divorce fall under the jurisdiction of various states, the situation becomes much more complicated. Even if one spouse is currently residing in California, if the other spouse has been residing in another state for six months or more, complex issues like property distribution, custody, and support may arise.
In these circumstances, each state has its own set of jurisdictional concerns that must be addressed. First and foremost, one must select which court will hear the divorce case. If this is not adequately understood, the process might be severely delayed, and compensation will be affected.
If you are filing a divorce and there are multi-state issues involved, it is imperative that you hire an experienced divorce attorney. The California family law attorneys at the Baghdaserians Law Group, Inc. have experience dealing with multi-state issues and can help you with this stressful process.
How Will Multi-State Issues Affect the Divorce?
When spouses no longer live in the same state, getting a divorce becomes more difficult. In some cases, a spouse relocated to another state shortly after the divorce. In other circumstances, the spouses have lived separate lives for several years in different states. Divorce can take place even if the couples live in different states.
Additionally, you will not have to file the divorce in the state where the marriage certificate was filed. The main issue in a multi-state divorce is jurisdiction. If the spouse lives in another state, you can choose to file there or your home state, as long as both of you meet residency requirements. Even if the court lacks jurisdiction over the other spouse, it has the authority to grant the divorce.
Should You File the Divorce in California?
If your case is simple and you and your spouse agree on the major parameters of the divorce, the state in which you file for divorce may not be important. However, different states handle divorce-related matters differently, such as alimony, child support, child custody, and property partition. Before you file for divorce, see if one of the states where you may be eligible has any advantageous laws that could work in your favor. Furthermore, one of the possible courts may be unable to make rulings on specific issues, which may favor the use of the other court.
Additionally, some states may be easier to file a divorce in if you want a quick, inexpensive option. California ranks number one for the highest cost state to get a divorce, so if you have multi-state options, it may be worth consulting with a lawyer to see if the other state is a better choice for your divorce. California is a no-fault state, as well, which means you will need to present a reason and support it with evidence. So, multi-state issues can sometimes be advantageous.