How do I file for divorce if I live in one state and my wife lives in another?

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How do I file for divorce if I live in one state and my wife lives in another?

I live in IL; my wife lives in CA?

Asked on March 25, 2011 under Family Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

A spouse may file in IL as long as 1 of the spouses was a resident of the state (or was stationed in state) while a member of the armed services and the residence (or military presence) has been maintained for 90 days prior to filing. The proceedings shall be in the county where the spouse resides.

Note:  You can file in CA as well as long as your spouse meets the residency requirements there.  However, CA is a community property state (50/50 split of marital assets).

At this point, you should speak with directly with a divorce attorney in your area.


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