this state for 6 months to file for divorce. Can I file in the state we moved from or do I have to wait 5 months to file in the state we now live in?
2006-08-28 14:08:53 · 15 answers · asked by cupidstunt 2 in Family & Relationships ➔ Marriage & Divorce
You have to file in the state that you are a permanent resident of,
and right now your a permanent resident of NO state (sorry to say).
You can legally separate right now but you must be a resident of the state your in now to get a divorce.
Now if you have family in the other state and you can go back and stay with them, and use there residence as of the last 6 months then that may be a possibility. As long as your husband is not going to through a fit or contest it. And if you haven't changed your drivers license from the old state to the new one yet.
2006-08-28 14:15:43 · answer #1 · answered by ETxYellowRose 5 · 0⤊ 0⤋
Unfortunately since you moved, you gave up residency at your old address, which means that if you want to file for divorce there, you are going to have to wait for another six months after you move back. The six month rule, applies just about anywhere honey, so you can either wait another five months, or move back to where you came from now, get situated and file for divorce where you are comfortable. Either way, it's going to be a few appearances and you could do it via phone/fax, but chances are you'll end up getting the short end of the stick not being there in person. If you are going to stay in the state you moved to, then file there. If not, waiting the six months is going to save you tons in the long run. Nobody said you had to be divorced to leave...you can leave at any time, just close your name out of everything before you go so you aren't held liable for any bills he creates...being married he can't obtain credit without you knowing. Same goes for you though. So keep in mind, if you move back, no bank accounts, no credit cards, etc. Pay cash for it all or he can/may take half!
I wish you well.
2006-08-28 14:24:29 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
YOU can return to the state where you were living (as long as you lived there the minimum amount of time, and re-establish your residence there) and file for divorce there. The only other option is to wait out the time in the new state -- and then file.
Do you know where you really want to live -- and have a way to support yourself during the divorce process? That is what will determine where you file for divorce most of the time. Get legal help -- because you will need it.
2006-08-28 15:04:59 · answer #3 · answered by sglmom 7 · 0⤊ 0⤋
As to my knowledge you have to reside somewhere for 6 months to be a resident. Therefore seem that the converse would be true. Until the 6 months are up you would be a resident of where you came from.
So if it is uncontested, no children you should be able to contact an atty where you came from and get it there. If it is uncontested and no kids, most states will let the atty handle everything and you don't have to show up.
But this advice is only worth what you paid for it. :)
BTW: Hate to hear it. Maybe you should give it the 5 months and see if it will work out.
2006-08-28 14:17:54 · answer #4 · answered by Chris S 2 · 0⤊ 0⤋
Oh how I know the answer to your question my boyfriend is going through this now as we speak, well you have to be a resident and since you moved you know broke up your residence from where your were living before so you should just wait the 5 months and then file there, aint it a pain in the ***. I'm sorry things didnt work out.Good Luck!
2006-08-28 14:13:03 · answer #5 · answered by Dee 2 · 0⤊ 0⤋
no offense but if things were fine a month ago and all of a sudden you want a divorce---there is no way (barring murder) that either of you could have taken appropriate action to try and get your problems worked out---one month is just not enough time for things like couples counseling or whatever----in any case i think you have to wait it out because you are also no longer a resident of your old state
2006-08-28 16:05:27 · answer #6 · answered by s91601 3 · 0⤊ 0⤋
Most often you have to file in the state you were married in..
2006-08-28 14:12:35 · answer #7 · answered by Ibdreamin099 2 · 0⤊ 0⤋
you can file in the state you moved from but you will have to go back to that state to do it .if you have someone you could stay with thier i would just go back and get it done.
2006-08-28 14:19:54 · answer #8 · answered by steamroller98439 6 · 0⤊ 0⤋
I believe you have to get a divorce in the state that you got married in. But I haven't heard about this law...better to consult an attorney.
2006-08-28 14:11:50 · answer #9 · answered by Emi 3 · 0⤊ 2⤋
go back to your other state or just seperate for those 5 months
2006-08-28 14:12:49 · answer #10 · answered by tazzgirl6983 2 · 0⤊ 0⤋