Establishing Residency And Transferring Divorce Case

divorce lawyer Andrew LaufersQuestion:

I am moving to another state and would like that state’s divorce laws to apply to my case once I establish residency.

My divorce case is final in the state I currently live in, but when I’m settled in my new state can I transfer jurisdiction to that state?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Minnesota divorce laws where I am licensed to practice.

You likely would have difficulty transferring your divorce and having another state’s law apply, such as when you move out of state.

There are usually three elements of a divorce decree: the child custody portion, the child support portion, and the property settlement portion.

Concerning child support and child custody, most states subscribe to the UIFSA (Uniform Interstate Family Support Act) and UCCJEA (Uniform Child Custody Jurisdiction Enforcement Act).

As a general rule, the UIFSA recognizes the issuing state as the controlling state in terms of child support. In other words, the court would apply the law of the issuing state in determining any modification request regarding child support.

Generally, any custody changes under the UCCJEA will continue to be determined by the issuing state. This can change if the child, and the child’s parents, no longer live in the home state.

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UCCJEA and UIFSA

In other words, if the child and a parent move out of the issuing state and live in another state for a period of time (usually six months) the new state will be the jurisdiction for custody modifications.

Finally, property settlements are final in most states and cannot be modified.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Minnesota Divorce Lawyer Andrew J. Laufers, contact Cordell & Cordell.

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2 comments on “Establishing Residency And Transferring Divorce Case

    I’m in the military, My home state is AR. My ex is trying to transfer the case to MD. I’m temporary assign to Washington, DC. MY LES , voting card and Business are in the state or AR . They want me to sign an order stating my resident is MD and its not. can this case transferred to include the divorce?

    Transferring the case from TX to OK
    I am the custodial parent. I have moved from TX to OK back in 2011. I own a home and the children are going to school here in OK since 2011. The other parent (mom) has moved from TX to N.C. She dont work and she dont own any house any thing. She lives with her parents. She has not paid child support since the court has been settled. Am I going to have an issue to get the case transferred and to OK from TX? Will they likely approval or disapprove the case. Do I need a lawyer to transfer the case? Can I do it by myself. From what jurisdiction should I apply for transferring the case? Any thoughts?

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