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Divorce is an extremely difficult and emotional experience for everyone involved. The added complication of going through a divorce with a spouse that lives in another state only makes it harder to manage.
Since each state has separate laws dictating how divorce cases are handled, it can be quite confusing trying to determine the best way to handle the situation.
Where Can I File for Divorce?
The number one factor to consider when determining where you can file for your divorce is residency. In order for the court to consider your case, you must be a legal resident of the state where you filed. Each state has different requirements that will determine whether you can consider yourself a resident.
The next step is ensuring that the court where you file your divorce papers has jurisdiction over both you and your spouse. This can be established by serving your spouse with divorce in person before they have an opportunity to file in their place of residency.
How Do I Decide Where to File?
When choosing between the states in which you and your spouse claim residency it’s important to consider how the laws in each respective state can effect you’re the outcome of your divorce. For example, child custody, alimony, and the division of marital assets are handled very differently from state to state.
Your involvement in the divorce process is integral to getting the results you need. Take into account the potential cost of the travel expenses required to attend out of state meetings and court dates.
Do I Need an Attorney?
Filing for divorce is an experience that will change your life forever. Don’t take any chances! Make sure to seek the advice of a qualified attorney who can help guide you in making the right choices for your future.
For more information about filing for an out of state divorce, contact the premier divorce and family attorneys in Southeast Michigan at Bailey Smith & Bailey, P.C. for a free consultation.