Still, you need to meet the residency requirements of the state where you file for divorce. If your spouse filed for divorce first in a different state, that filing and that state's laws usually control the proceeding. If you want to divorce your spouse , first determine whether one or both of you meet the residency requirements of the state where you intend to file for divorce. These requirements differ by state. In most states, at least one of you must have been a resident for at least six months, although there are a few states with shorter or longer residency requirements.
A few states do not mandate minimum residency time periods, instead requiring only that someone filing for divorce reside in that state when filing the initial petition. In contrast, other states apply strict residency requirements of up to one year. The state where either you or your spouse first files for divorce generally controls the proceedings. So, if you and your spouse now live in separate states and each of you files for divorce in your respective states, the state where the divorce was first filed will likely have jurisdiction over the case.
This is often inconvenient for an out-of-state spouse, who may have to hire an attorney in another state and travel to that state for divorce-related court proceedings. In most cases, the state where either spouse files for divorce first has jurisdiction over important decisions in the divorce, including the division of the couple's assets and liabilities and whether spousal maintenance is appropriate.
These decisions can impact the parties' financial situations after the divorce, as different states provide for different treatment of property and debts. After tons of research I contacted Ms. I immediately was greeted by Lorenzo, the Office Administrator, who made me feel so welcomed and comfortable. He assisted in making communication seamless and effortless and walked me through each step of the process. The team did an amazing job with discovery and building a strong case that gave me confidence and I was successful in coming to an agreement with the other party, in what has yet to have been the easiest hearing of all, thanks to them.
Azizi settled my case after years of stress and agony. I am grateful for finding the team and Ms. Azizi and definitely recommend them for any of your legal needs! This law firm is the best! They have helped me so much with my Divorce and Criminal cases and I really wouldn't know what to do if I didn't have them to represent me. Lorenzo and Ro are awesome and are there to help at all times.
My attorney was Mr. Edmondson and he has been amazing. This law firm is truly great and I will never go to any other one. Their responses are quick and will answer any questions you might have. Diana H.
Seven stars. I had planned to put up my reviews after my final judgment but after the first hearing, couldn't wait, and I would write this whatever the outcome of my difficult case. Soheila was simply amazing in her arguments and strategy before the judge. It is not uncommon for two spouses to initiate divorce proceedings in two different states—especially for military families.
Note that you are limited to only filing for divorce in the states where you and your spouse reside. Ultimately, however, only one state can issue the final divorce judgment—thus terminating the case in the other state. The question often asked in this scenario is which divorce proceeding wins? Generally, the state that acquires jurisdiction is the state where the filing of papers was done first.
The courts are also more likely to hear the case of the spouse that served papers on the other spouse first.
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