We married in state A. We now live in state B( longer than 3 years), but I anticipate a new job in state C. After moving to state C, I intend to file for divorce. Never mind the wait, it's all strategy. Right now is not the right time for me nor for my children. Can I file in state C the moment I arrive or do I have to reside there for one million years? Would it have to be state A since that was the court that married us?State B requires me to reside there for only two years, but like I said...it's not the right time.
2006-12-08 05:21:02 · 13 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
It depends on state C's laws. Most states require you to live there for a period of time before you can file.
Check with an attorney for that state.
2006-12-08 05:23:19 · answer #1 · answered by camys_daddy 5 · 0⤊ 0⤋
You must be "domiciled" for the court to take jurisdiction over your case. That is not that difficult to prove - all you must do is show conduct indicative of an "intent to make the state your permanent residence." Therefore, simply arriving is not enough - but - getting a license, changing your voters registration to show the new state and district as your voting district, getting employed, signing a lease for more than a year, buying a home are also good factors. Not one of these things alone will be sufficient, but several will be. When arriving in State C, I advise you to see a divorce lawyer and tell him of your intentions to file in STate C and remain in State C. Your lawyer will be able to help facilitate your permanent move - It may take a month or two but normally that may be sufficient. You should know that some states have adopted laws to discourage what you are doing (a/k/a Forum Shopping) - but there are ways around that if your true intention is to make State C your new and permanent residence without an intent to ever return to State B. Again some situations are more complicated than others so speak to an attorney. If you are apprehensive then speak to an attny in State B who will also advise you as to what the probable outcome will be.
2006-12-08 05:29:26 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Every state has different guidelines to how long you must be a resident before you can file for divorce. I know that in Wisconsin the residency is six months. So I would say that since you have kids don't file until you have moved to State C where your job is. In some states there can be a huge fight if you want to take the children out of state. Wisconsin again is one of those states.
2006-12-08 05:51:00 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Each state has their own laws on divorce. The state I reside in you must be a resident for 6 months prior to filing for divorce. You would honestly have to look it up. You should be able to do that over the web. Just search for divorce laws for whatever state you are moving to.
2006-12-08 05:24:06 · answer #4 · answered by Stephanie 2 · 0⤊ 0⤋
which state is state C... each state varies... Tennessee is 6 mo and i think it is like that in Florida, most states are 6 mo- 1 year, call and ask an attorney in the area you plan to move to. Don 't listen to Jackeeeeeee... I am a legal assistant, she does not know what she is talking about... I do work for an attorney who does divorce and family law
2006-12-08 05:28:45 · answer #5 · answered by HappyGoLucky 4 · 0⤊ 0⤋
Are you seperated now and will your ex be staying in state b? That will make a difference. If he stays in state b you will have to file there. State A will not however handle your case. It makes no difference where you were married. Good Luck!
2006-12-08 05:32:42 · answer #6 · answered by Heather B 4 · 0⤊ 0⤋
Depends on the laws in state C. Check with an attorney who's licenced in state C. Best of luck to you.
2006-12-08 05:28:48 · answer #7 · answered by basketcase88 7 · 0⤊ 0⤋
The state the place you prefer to get re married will verify and then youll have enormous legal hardship so terrific just to attend til your is very final and you will possibly desire to fulfill residency standards of that state too
2016-10-14 06:54:40 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I'm sure they all will, BUT, like you said, you have to wait two yrs in state B, if you dont want that then go to A, if not A, you wait!
2006-12-08 05:24:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
It would really help if you gave us the names of the states.... rather than state A, B, and C.
2006-12-08 05:23:45 · answer #10 · answered by shortnspunky 2 · 0⤊ 0⤋