An out-of-state divorce is possible, but only if you go about it the right way. Below are some useful tips for divorcing out of state.
Most states require you to have lived within their border for some time before you can file for divorce in the state. This is known as the state's residency requirements. The residency requirement can range from 60 days to one year, depending on the state. Confirm that you meet the residency requirements in your state before filing your divorce petition.
Some states also have waiting periods that you must meet for your divorce to be finalized. This is because the governments are interested in preserving marriage and discouraging divorce. The waiting period can be as short as one month or as long as two years, depending on the state. A lengthy waiting period can wreck your divorce plans, especially if you have a pressing issue and you want the divorce to be finalized as soon as possible.
Just because you meet the residency requirements of a state, it doesn't mean that the state has the authority to handle every aspect of your divorce. It might be that the state can issue you with a divorce agreement, but the state cannot handle some aspects of your divorce such as child custody and support. This may be the case if the children have not lived in the state for a long time or they don't have reasonable ties to the state.
Asset division laws also vary by state. At the basic level, there are community states and equitable distribution states. The community states require you to split marital assets (assets acquired during the divorce) evenly. The equitable distribution states require a fair (that is not necessarily equal) division of assets.
An out of state divorce might cost you more than a divorce in your usual state, especially in terms of expenses. For one, you may have to travel several times to get to court, meet with your spouse, or meet with the professionals helping you out with the divorce. If you have kids, then you may need to travel with them or arrange for overnight babysitting services for days when you are out of state handling your divorce.
Lastly, if you want a fault divorce, you should know that not all states recognize fault divorces. If that is what you are aiming for, ensure the state you want allows fault divorces and understand the conditions attached to it. Contact family law services to learn more.
Going through a divorce? I know how you might feel – alone, stressed out, and probably even a little sad due to the loss of the life you have always known. Whether you have children or not, you might even feel a little guilty about the break down of your relationship. But I'm here to tell you that a divorce is not the end of the world. In fact, once you get used to the idea and start to move on with your life, you may find just as much, if not more, happiness than you ever had while you were married! Getting through the proceedings of your divorce in a dignified manner is the first step, and hopefully this website will give you the insight, support, and motivation you need to get through the process as painlessly as possible.