In this particular example the divorce is bitter and contested. Husband wants to file in State A (because it will be harder for the wife, as she does not live there and he has family there). Can wife contest venue and move proceeding to State B (where she lives) under a claim of undue hardship? Any advice would be appreciated.
2007-02-02 07:05:12 · 6 answers · asked by obamaforprez 2 in Politics & Government ➔ Law & Ethics
This is a good question and a hard one to answer simply. Many states require you reside in that state for a period of time, like 6 months, before you can file for divorce in that state. That is NOT the rule in all states. The significant question to be answered is whether the state the wife lives in has more contacts with the family than the husband's state. I've had divorce cases transferred from California to my state. If there are children, the state where the children go to school is very significant. Hardship to witnesses (travel) is also important. If the divorce has not been filed, I tell the wife to file first. If it has been filed, how much Court action has occurred? I could spend an hour in a consultation with her to really get enough facts to give you a good answer. The bottom line is that a change of venue is possible if the circumstances are right. She needs to consult a local atty. You can get a referral by calling your state bar office.
2007-02-02 07:17:20 · answer #1 · answered by David M 7 · 1⤊ 0⤋
You must file where there is jurisdiction. Normally that would be in the state in which the couple lives, particularly what county they reside and own property in. Even if husband moved to state A, he would have to live there a minimum of 6 months before that state would even come close to jurisdiction. If there is custody involved then that's another animal.
2007-02-02 07:10:46 · answer #2 · answered by paralegalnc 1 · 1⤊ 0⤋
Are there any children involved? If so, then the state where the child resides will automatically have jurisdiction. If not, then then it's a bit more complex.
My ex-wife and I were married in Virginia, we moved to Washington State, but I was living in New Mexico by time papers were actually filed and finalized (3 years later), but because our son lived with his mom in WA, Washington State retained jurisdiction. I wanted to file here in NM to make it hard on her, but, because I didn't have custody I couldn't. best of luck.
2007-02-02 07:37:20 · answer #3 · answered by evil_paul 4 · 0⤊ 0⤋
I think in a case like this, the one who files first wins the venue choice. It has nothing to do with what state the marriage was in, but is based upon residency.
2007-02-02 07:13:30 · answer #4 · answered by beez 7 · 0⤊ 0⤋
it doesn't matter where they were married, it's where they currently reside. they will need to file in the county of residence. no other venue has jurisdiction. if he files in state A anyway, she can move to dismiss for lack of jurisdiction & then file in state B & some courts offer financial deferals, so she may want to look into that option.
2007-02-02 07:14:59 · answer #5 · answered by jack spicer 5 · 0⤊ 0⤋
An attorney would probably be better suited to answer a question like this... laws are different in every single state.
2007-02-02 07:14:00 · answer #6 · answered by restless_nymph 3 · 0⤊ 0⤋