What if my spouse lives in another state?

Modified on 26 Sep 2016 at 2:50 pm

If you or your spouse recently moved to another state, it can complicate matters a little. However, LegalVorce has some materials that can help you in this situation. First, many states require you to live in the state for at least six months before you can file for a divorce in that state. Only one spouse has to meet the residency requirements (hyperlink to residency requirements information) to start the process in a certain state.

If you meet the residency requirements, but your spouse lives in a different state, the courts will generally grant you a divorce, but you may have some difficulty enforcing other parts of the judgment against your spouse. If your spouse has never lived in your new state or otherwise does not have contacts with the state, that state may not be able to exercise jurisdiction over your spouse. Therefore, certain rulings regarding division of property or spousal support or alimony may be hard to enforce.

Finally, when your spouse is out of state, the court may want extra proof that your spouse has notice of the claim. Should you indicate your spouse lives out of state, we will include additional required paperwork in your package.