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Divorcing? You have to be a resident first

| Aug 11, 2020 | divorce |

You and your spouse no longer get along, and it’s clear that a divorce is going to be beneficial for you. Your spouse wants to move away to travel, you want to stay where your job is and there is no way to make it work.

If you decide that a divorce is the right choice for you, then you will need to file for divorce in the state that has jurisdiction. This isn’t always straightforward, though. For example, since you and your spouse have only been in Kentucky for three months, you haven’t been here long enough to file for a divorce. On the other hand, you left Idaho six weeks ago, so you’re technically no longer a resident.

There is a potential that you could divorce in the state where you married. If that won’t work, then you could be stuck for a little while until you meet the state requirements.

What can you do if you’re not a resident of a particular state and want to file for divorce?

The first thing to remember is that either you or your spouse can file for divorce in a state where you’re a resident. If your spouse, for instance, has a home in Idaho, they may still be a resident, even if you’re not. In that case, they may be able to file for divorce. If neither of you is a resident in a state long enough to meet the requirements, you can separate and wait until you do live in the state long enough to file for your divorce.