Where Should You Get a Divorce if Your Spouse Lives in a Different State?

If you are thinking about getting a divorce and you and your ex live in different states, you should speak with a Tustin divorce lawyer as soon as possible. The process of getting divorced becomes more complicated when you do not live in the same place and you do not want to take a chance on your divorce taking longer than necessary. You also need to consider how different state laws could affect the outcome of your divorce. 

Brown & Charbonneau, LLP has experience helping couples with complicated divorces, including divorce situations where the spouses live in different states. We will work hard to help ensure that you can end your marriage in as timely a manner as possible while getting the most favorable outcome possible in your divorce settlement. Give us a call to speak with a Tustin divorce lawyer who can help.

Negotiating a Divorce Agreement While Living in Different States

There are a number of challenging issues when getting a divorce while living in different states. One concern is that it may be harder for you to successfully negotiate an out-of-court resolution. Creating your own plan for how to divide custody and property can be beneficial to parents and can make divorce less costly.

If you live in different states, however, you may not be able to regularly and easily meet with a mediator or get together to discuss options for dividing property and sharing parenting time. While there are logistical difficulties, it is still important to try to create your own agreement through negotiation.

Your attorney can help you to find mediators who can work via teleconferencing, or you can consider traveling to one location for mediation. You can also try to come to a compromise on your own by communicating via phone, email, or other electronic methods- but you will need to be sure you consult with your lawyer and understand your rights before agreeing to anything specific. Once you do come to an agreement, you need to get it in writing.

Getting a Divorce While Living in Different States

There are also complications associated with actually filing for divorce when you and your spouse live in different locations. First and foremost, you must decide where you will actually file for your divorce. There are a few reasons why this decision is a very important, and very complicated one.

One big issue is that there are residency requirements for divorce. These requirements can vary by state. In California, for example, the California court website explains that you can get divorced in the state only if either you or your spouse lived in the state for the past six months and only if you or your spouse has lived for at least three months in the county where you plan to file for divorce.

If both have you relocated to different locations following your separation, you may not be able to meet the residency requirements in either place where you live. This could delay your divorce. On the other hand, if you both qualify to file for divorce in your respective locations, it can become complicated to determine where you should actually go through the divorce process. You could potentially file in either state, and the laws may be very different regarding issues of custody and support depending upon which state you select.

If you and your ex have worked out a divorce separation agreement which addresses custody, spousal support, and asset division, then the choice of law issue may not matter as much- although there are still lingering questions of which child support rules will apply. If you have not addressed the relevant issues in your divorce and are going to depend upon the court to determine how to divide up property or custody, then the choice of law issue becomes much more important.

Additional complications can also arise, including making sure that your spouse is properly notified of the divorce filing and that the court has jurisdiction to preside over your divorce. You should speak with an experienced Tustin divorce lawyer to find out how best to proceed.

Getting Legal Help from a Tustin Divorce Lawyer

Brown & Charbonneau, LLP has extensive experience with the divorce process. We understand what is involved in ending a marriage when the spouses live in different locations and we will work hard to make sure you get the best possible resolution to your situation. Give us a call at (866)237-8129 or contact us online to find out more about the ways in which we can help.