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| Do I have
to live in a state to get a divorce there? |
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All
states require a spouse to be a resident of the state -- often for at
least six months and sometimes for as long as one year -- before filing
for a divorce there. Someone who files for divorce must offer proof that
he has resided there for the required length of time. |
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If you think that your spouse will file for divorce in another
state, it may be prudent to spend the money up front and file
first -- in your home state. |
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Rarely is a divorce
settled in one court appearance, and if your spouse files elsewhere
you could rack up a lot of traveling expenses. Also, any
modifications to the divorce decree, including the property
settlement agreement and arrangements for child custody and support
-- must be filed in the original state. This could keep you
traveling out of state for years to come, especially if you have
children with your spouse. |
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Can one spouse
move to a different state or country to get a divorce? |
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If one
spouse meets the residency requirement of a state or country, a divorce
obtained there is valid, even if the other spouse lives somewhere else.
The courts of all states will recognize the divorce.
Any decisions the court makes regarding property division, alimony,
custody and child support, however, may not be valid unless the
non-resident spouse consented to the jurisdiction of the court or later
acts as if the foreign divorce was valid -- for example, by paying
court-ordered child support. |
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