hat to do if I’m moving to another state and want to file or divorce?

UPDATED: Aug 11, 2012

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hat to do if I’m moving to another state and want to file or divorce?

I’ve been separated from my wife for more than a year and am eligible to file for final divorce. I am moving out of state and would prefer to file there after fulfilling the required 60 days residency. Issues of child custody, alimony and child support were set during a hearing6 months ago, so I don’t believe they need to be handled again, correct?

Asked on August 11, 2012 under Family Law, Kansas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are correct that the residency of the state in which you reside will govern your ability to file for divorce.  You are going to have to indicate that their are children of the marriage and that an order in the other state exists.  Decisions as to child custody etc., have to be determined in the state that the children reside. Speak with an attorney in your new state of residency as to the procedural aspects of handling these issues.  Good luck.

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