How do you get a divorce if you live in different states?

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How do you get a divorce if you live in different states?

I am planning on moving out of state in the very near future. My husband will continue to live here After establishing residency in my new state, I will file for a divorce. Since I will be a resident of a different state, where do I need to hire a lawyer?

Asked on June 19, 2012 under Family Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

As you mentioned, after satisfying the residency requirement, you can file for divorce in the new state.  It would be advisable to retain an attorney in the state where your divorce is filed because that attorney will be more familiar with court  rules and procedures in that state than an out of state attorney.  Also, there will be additional costs if you retain an out of state attorney as far as traveling to the state where the case has been filed, etc.  If the out of state attorney is not a member of your state's state Bar, the out of state attorney can still represent you after complying with certain State Bar requirements. 


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