Where to File for Divorce
Dealing with divorce is quite tough as it involves intense emotional turmoil and complex litigation procedures. Once you have decided to get along with divorce, the very first step that you are required to do is to file for a divorce complaint and submit it to the court. Since the affairs like marriage and divorce are controlled by the federal laws in America, couples are often open to several options of filing divorce to more than one state. If you are looking out for the ideal state court which would allow you to get your divorce easily, you can consult an experienced lawyer regarding where to file for divorce.
According to the laws of most of the states of America, couples are required to be the resident of that particular state. It is only when the divorce file has been submitted to the nearest family court the divorce procedure starts progressing. Generally, a divorce file is submitted to the court of that state which is the present home of the other spouse. The following are the probable states from where you can file for divorce at any given time.
If you find that your nature of divorce complaint is too complex and none of the above mentioned states favor your success in the case, you may give a thought in moving to the court of another state that might be ideal for you. The following are the types of residential proofs required by some of the states in America in order to carryout a divorce case.
- The state where you and your spouse live presently
- The state where your spouse lives at present even if you are no more a resident of that state
- The state where you and your spouse got separated from each other
- The state where both of you had once led your marital life
- The state where you live even if your partner does not stay in that state
You are advised to make a keen study of several divorce federal laws before deciding where to file for divorce.
- Most of the states including the district of Columbia make no distinction between the terms ‘residence’ and ‘domicile’. To submit a divorce file you are required to prove your residential proof which will be your permanent address as well. For the states like Arkansas and Oregon, you are not required to produce a permanent residential proof.
- Out of fifty states 45 states and the district of Columbia require a domicile for a certain minimum period of time.
- The states like Louisiana, Montana, South Dakota and Washington require only ‘cooling off’ periods and no durational boundations.
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