Question:
My children and wife have lived in a different state from me for many years in a house that I own.
I would like to file for divorce, but I am unsure of which state to file in. Which state has jurisdiction in a divorce case, the state I live in or the state where my children, wife, and some property are located?
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 Missouri divorce laws where I am licensed to practice.
All states have divorce residency requirements that must be satisfied before filing for divorce.
Where I practice, one spouse must be a resident of the state for at least 90 days prior to filing a case for divorce in that state.
Divorce Residency Requirements:
You have indicated that you have been a resident of your state for many years, so therefore you would be able to file for divorce in your state, which would have jurisdiction over your divorce.
If you have property located in another state or children that still reside with your wife in another state, then the state you file in would not have jurisdiction to award a property division, child support, or child custody order.
Because your state would not have jurisdiction over property or children located in another state, I recommend that you seek the advice of a divorce attorney in that state before filing for divorce in your state as the state where your wife and children are would likely have jurisdiction over most of the issues your divorce would seek to resolve.
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 Missouri Divorce Lawyer Jordan A. Rapoff, contact Cordell & Cordell.
