In this case the divorce is bitter and contested. Husband wants to file in Nevada where they got married (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 Hawaii (where she lives) under a claim of undue hardship? Any advice would be appreciated
2007-02-02 07:11:56 · 6 answers · asked by obamaforprez 2 in Family & Relationships ➔ Marriage & Divorce
Wherever whoever has legal residency can file. If she has met the residency requiremnets of Hawaii, then why wait for him to file, and she should file first making hawaii the juridicition state and then let him worry about what to do. But she better hurry before he files first in Nevada and then she has the problem. You dont have to appear personally in Nevada if this causes a hardship. His atty can send you the paperwork and you can either agree or disagree with whatever parts you want and then start negoiating and compromising til a total agreement is reached and then the final written agreement goes before the judge for final approval. Then once its approved by the judge and then usually takes about 30 days to be reigestered in into records and become final. But whenever two states are involved and is contested which will take time, the postal dept plays a huge part. If you should agree upon his first proposal then its easy and quick but if you disagree then hopefully youre a real good negoiator and very good at compromising unless you have alot ot time and patience. Good luck
2007-02-02 08:03:18 · answer #1 · answered by Arthur W 7 · 0⤊ 0⤋
If this is so bitter, she should get an attorney.
It is not necessary to obtain a divorce in the same state in which the marriage took place. On the other hand, it usually is necessary to be a resident of the state in which the divorce is sought. Residency, in this context, means living in the state with the intention to remain there permanently. It is not always necessary to prove that one in fact intends to remain within the state permanently in order to obtain a divorce in that state. The fact that the person seeking the divorce has been living in the state for at least the period of time specified in the state’s divorce statutes is usually regarded as sufficient. Residency requirements range from 1 year, in some states, to none at all, in others. In many states, it is 6 months
2007-02-02 07:17:34 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Yes, if she a resident of that state she has a right to cross file in her state. She will have a attorney work with your atty. just as if you lived in the same state. You have to go to your attorney all the time to state what you want and the 2 attorney will keep both of you updated on the divorce. some states it's 6 months, I don't know in your situation how long you have to live there before your a resident.
2007-02-02 07:26:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Generally, most places have a residency requirement. In Texas, you must live within the county for 6 months to file for divorce there. If not, it must be in the previous county. Texas also requires you to live in Texas for 6 months before you can file in Texas. If not, you must wait, or file in the previous state.
So, depends on where they currently live, and the laws governing divorce.
2007-02-02 07:19:55 · answer #4 · answered by ? 5 · 0⤊ 0⤋
She doesn't need to be present for the hearings or proceedings; she just needs to find an attorney that will represent her in that state.
I know this is how it works because my ex moved to Illinois (I live in CA) and the proceedings always were conducted here; he just hired an attorney to do his bidding in California.
2007-02-02 07:16:33 · answer #5 · answered by Brutally Honest 7 · 0⤊ 0⤋
Where were the couple living together last? That is where the divorce proceedings should take place.
2007-02-02 07:16:06 · answer #6 · answered by Starla_C 7 · 0⤊ 1⤋