In the United States, marriage and divorce are governed by laws specific to each state. Couples can marry in one state and move around to other states, and for the most part, their marriage will be recognized wherever they choose to live. If you are a couple who has decided to divorce, the best rule of thumb is to check with your local divorce court. They will need your answers to a few questions:
- How long have both of you lived in the state where you want to file for divorce?
- Do you own property in any other state that was accrued during the course of the marriage?
- Does one of you live in a home that you acquired as a couple, and is it in the same state where you wish to get a divorce?
- Where do the minor children of your marriage live, and how long have they been living there?
Most states have some general guidelines about the length of time parties have lived in their state when it comes to divorce. Some states also look at the location of the marital residence, and sometimes other property. All states work together with regard to divorces that include minor children.
The rules that govern care and support for minor children are covered in the Uniform Child-Custody Jurisdiction and Enforcement Act. The laws were created to address issues with child support and the transitory nature of some families. This ensures that the judicial responsibility for children’s welfare is shared between states and avoids confusion, such as one state issuing an order and then another state making a completely different order. Children usually need to have lived in the state where a divorce is to take place at least six months prior to a parent filing for divorce. Wherever the children have resided for those previous six months determines which court will be allowed to govern the divorce.
Two spouses can live in different states when they decide to get divorced. What they need to do is determine the venue of the divorce. Once this has been determined, the court with authority has procedures for notifying the out-of-state party. Some courts even have procedures for out-of-state parties to appear telephonically for hearings. Each family situation is unique, so working with your local courthouse or an attorney who knows the specific law pertaining to your state are your best avenues for working smoothly through the divorce process.
