RESIDENCY REQUIREMENTS
1-800-DIVORCE MAKES FINDING A LAWYER AS EASY AS CLICKING ON A STATE, BUT...
You can't pick a state (or country) in which to file your case
just because you understand that state has beneficial law(s). You particularly can't
file in another state (or country) ONLY to make the case difficult for your spouse. The
correct state (or foreign country) in which to file your case is determined by potentially
complex laws concerning your residence, your domicile and in a child custody or visitation
case, the residence or domicile of the child. If you select the wrong state in which to
file, not only will your court orders have no valid force or effect, but also you would
probably have to pay the other party's attorney's fees required to get the mess sorted.
You also may face fraud-on-the-court criminal charges. In a custody case, your chances of
obtaining custody or visitation could even be affected if it can be shown that you acted
other than in the interests of the child(ren). DON'T DO IT!
Fortunately,
in the vast majority of family law cases, the subject of residency requirements is not a
problem at all. Your lawyer will be able to cover the subject with you in about 10
seconds. You will file your case in the state in which you, your spouse and any children
have been living for some considerable time. Even if your spouse resides in another state,
you will often be able to file, and obtain all the court orders necessary, from your own
home state.
Just be aware that it is not always that easy. If you have
recently moved to a state that is not the state in which you and your spouse have been
residing; if you and your spouse reside in separate states and there will be issues of
child custody and visitation involved in your case; if you and your spouse reside in
separate states and your spouse has physical custody of a child of whom you want physical
custody; if you or your spouse are, or have been recently, in the active military, you
should be absolutely sure to file your case in the correct state. Don't just pick another
state. Do discuss residency and proper jurisdiction with your 1-800-DIVORCE lawyer.
