Can I Move to Another State & File for a Divorce?

Filing for divorce after a recent move or when spouses are living in different states can be difficult. The state handles divorce, and state laws vary on length of residency required to file for divorce and division of assets.

When Both Spouses Move to Another State

Filing for a divorce immediately after moving to another state may not be possible because many states have residency requirements. According to DivorceLawFirm.com, the average amount of residency necessary to file for divorce is six months. Sites such as DivorceSource.com provide information on specific state requirements.

When Spouses Live in Different States

You may file for divorce if your spouse is living in a different state as long as you both meet the residency requirements and jurisdiction. LegalMatch.com explains the following implications of jurisdiction: the non-filing spouse must receive the divorce papers in person and appear in the courtroom of the filing spouse's state. As long as these requirements are met, it is possible to proceed with a divorce.

Division of Assets

Depending on which state you and your spouse reside in, there are different laws regarding child custody and division of property. For example, LegalMatch.com reveals that nine states have community property laws, under which everything owned or acquired during the marriage is considered equally shared by the spouses. Spouses living in different states may experience advantages or disadvantages depending on particular state laws.

References

• Divorce Law Firms: Divorce Basics
• Divorce Source: State Divorce Laws
• Legal Match: Filing for Divorce in Different States
• Legal Match: Community Property State Divorce Lawyers

Resources

• Total Divorce: Divorce Attorneys and Filing Divorce Information