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Completing an Interstate Divorce

If you are considering divorce and your spouse is in another state, then you are in a unique situation. Often, you will have to determine which state you would like to finalize the divorce in, because the court where the papers are file will be the court that you are supposed to attend for all hearings. In a typical divorce, both parties are in the same area and will probably remain in that same area because of their jobs and any co-parenting restrictions. Yet if one party is in the military and moves around, or one party has moved to be near family during this emotional process, then things can get difficult. When spouses live in different states, then there are some extra steps that will need to be added to the process.

Both spouses must establish their residencies before applying because they will need to provide their address on the paperwork. If you have moved to a new state, then you will need to establish a residency in order to apply for a divorce. Some states may require that you live there for six months before you are able to declare a residency, so this may put a time limit on when you can finally file your divorce papers. When you are ready to go ahead with your divorce, you need to hire an attorney that is familiar with the jurisdiction where you will be filing the divorce papers. Don’t hire an attorney that is from your hometown or your place of residency if that isn’t where the case will be taking place.

A lot of laws about divorce are state-specific, and you want someone who is well acquainted with these statutes to help you. As well, you will want to set aside money for travel costs if you are the one who will be travelling for hearings. You cannot be absent at these hearings merely because you do not live close to the court house. If you cannot afford to fly back and forth from the court house, then you may be able to request top appear by phone or have your lawyer represent you in court in your absence. You will have to discuss this with court officials.

You will want to file your divorce lawyers through your papers and pay the filing fee in the court where the case will be dealt with. You will also need to serve papers to your spouse. If you are serving your papers to a spouse that lives in another state then you may have to pay more than you would if you were serving locally. However, if you don’t serve papers you won’t be able to proceed in the divorce so this is a significant requirement. You may need to do some investigating if you are unsure of where you spouse lives at present. You will need to decide on a visitation arrangement if there are any children involved in the case. If you and your spouse live far enough away to so that there is a plane ride required in the event of a visitation, then chances are that the court will mandate less frequent and longer visits.

A parent who has visitation rights may have his or her child from summer break or winter break, so that the child will not have to take a lot of plane flights but will still get a substantial amount of time with his or her parent. Courts often encourage divorcees to come to an agreement on their own about child custody and visitation schedules, but in many situations the court has to intervene. If you need more information about divorcing with a spouse who lives in a different state, then talk to a San Fernando divorce attorney today!

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