If my husband and I are in different states, where do I file for divorce?

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If my husband and I are in different states, where do I file for divorce?

Asked on June 21, 2012 under Family Law, Washington

Answers:

Brad Micklin / The Micklin Law Group

Answered 9 years ago | Contributor

You should file in the state in which the cause of action arose. New Jersey has several reasons for which you can file a divorce and each has a time frame that must pass before you could file in New Jersey. 

You also need to research whether or not you meet the residency requirement. Most states have a certain period of time in which you must reside in that state before you can file a claim for divorce, even if you do meet the statutory reason for divorce.

However, more importantly, you may want to research the different laws of each state that is involved. In some circumstances, you would be able to file in either state because the laws are different. You may want to see which laws are more favorable to the issues of your case.


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