The Centers for Disease Control and Prevention (CDC) reports that the overall divorce rate in the U.S., is around 2.4 per 1,000 people in the reporting states and DC. And the probability of a first marriage ending in divorce within 10 years is estimated to be around 36%.
Divorce is a difficult legal process. If the people involved live in different states, expect to have more problems down the line. Each U.S. state has varying divorce laws. The distinct laws that are enforced in each state imply that the location where you filed for divorce can change the outcome of your case. These laws can affect how your property is divided, how much assistance you get from your spouse, and who gets custody of the children.
According to https://www.stangelawfirm.com/, in each state, the parties must be state residents for the required time, separation or waiting periods must be met, and the court must find that there is no likelihood the marriage could be preserved.
At the end of this article, you’ll learn how to deal with a divorce that spans multiple states, residency requirements, and its jurisdiction issues.
Understanding Jurisdiction in Divorce Cases
When a divorce unfolds across different states, understanding jurisdiction becomes important.
Jurisdiction refers to which state court has the power to hear your divorce matter. Usually, it will be the state where the husband or wife lives. In case of a recent move, you must find out where you stand as a resident.
Each state has its set of laws about divorce. States can have different ways of dealing with property division and alimony. Being in the wrong jurisdiction can delay and complicate your case.
You must know how to prepare the necessary documents and study special state policies that apply to your case. Knowledge of where jurisdiction lies can make a significant difference toward the best possible outcome in your divorce case.
Residency Requirements for Filing Divorce
An essential step in setting up jurisdiction is knowing when to file for divorce. Every state has its rules regarding the period of residency for one or both spouses before filing.
It is usually required for divorcing couples to have resided in a state for a stipulated period, conventionally anywhere from six months to one year, before being able to file for divorce.
If you just relocated, some states may allow filing for divorce at your former residence on the condition that the residency requirements were met.
Always stay wary of your state laws, as your residency can determine if you are eligible for support, joint custody, and a few other serious considerations.
You can have fewer problems with the divorce process if you choose to learn the residency requirements in advance.
Child Custody and Support Considerations
Child custody and support issues can be just as complicated as dividing up marital assets and debts. It can be really difficult when one parent lives in another state. Understand the basics of child support and custody to be able to make smart choices about a divorce case.
Custody is usually a matter of jurisdiction with the child’s home state, so whether you or your spouse moves down the line may affect where you file for custody.
Fathers’ rights lawyer Beverly Moranda says that family Code 3010 provides that both parents are “equally entitled to the custody of the child,” yet some mothers feel and act as if their parental rights to custody and visitation are superior to those of the child’s father. This behavior usually results in fathers having to fight for their rights.
Meanwhile, child support refers to the provision of financial assistance to help with the child’s living expenses and needs. If the parents can’t agree on the amount of support, they may need to go through mediation. During this period, try to work with your ex-partner for the sake of the child.
Division of Assets and Debts Across States
Dividing assets and debts during divorce becomes hard if these properties are located in different states. Each state is different regarding its laws on property division, and knowledge of these laws can mean so much for your financial future.
You will have to decide which state laws will govern your choice of filing for divorce. This usually involves a state where you both lived during the marriage.
Assets like houses and retirement accounts are categorized as marital properties and will be subject to equitable division. State laws have different ways of dealing with the division of marital debts. Acquisition of property in different states makes it necessary to distinguish between marital and separate kinds of assets.
A consultation with a competent multi-state divorce attorney will go a long way in trying to keep fairness during this process.
Legal Representation and Resources
Finding a lawyer to be your legal representative is challenging. You must secure suitable legal support to manage an interstate divorce.
Start by doing some research on interstate divorce lawyers. They will know the subtle requirements and jurisdictional matters involved. Reach out to friends or relatives who could recommend a lawyer based on their firsthand experience. Other sources of referral might be your local state bar association or the legal aid organization. Don’t forget to check the online reviews for a lawyer by visiting their websites.
Schedule an initial meeting with a prospective lawyer and tell them all the details about your case. Ask them if they’ve handled similar cases. Their experience in handling interstate divorce cases will heavily influence the results of your case.
