Divorcing When Your Spouse Has Moved Out-Of-State: How Local Divorce Attorneys Figure In

Posted on: 26 May 2016

When you and your spouse are either estranged and distanced or your spouse has just moved out of state because of divorce proceedings, you need local divorce attorneys to handle your family court issues. This is a special circumstance, one which will require extra response time from your spouse as well as special legal expertise from your lawyer(s). Here is how your divorce and the dissolution of your marriage will probably be handled, as well as child placement and custody issues.

Matters Are Handled in the State Wherein the Divorce Was Filed

Usually, wherever the divorce paperwork was filed, that is where the proceedings will be handled. Sometimes you have to file for a divorce in the same state and county where you were married, which can complicate matters if you were married elsewhere, have moved to another state and then you and your spouse decided to split. If neither of you are currently living in the same state where you were married, additional special circumstances may require that your divorce be handled by lawyers in that state, or that your marriage documents be transferred to the state in which one of you currently resides. The person who files the divorce first is often the deciding factor in where these special divorce cases and circumstances may be handled.

The Children Often Continue to Reside with the Parent That Did Not Move Away

Moving a great distance away from your kids does not look good to the courts. It typically shows that you were not concerned about their welfare and you left them behind to be cared for by your spouse. If you are the parent who stayed with the children, and their home with you is stable and decent, then the courts might award you primary placement and custody. Visitation rights by your soon-to-be-ex will have to be established in court with a very cautious ruling, since your spouse lives in another state. Your attorney will be able to explain how your current home state manages these issues, since every state does things a little bit differently.

Dissolution of Marriage When You Are Estranged from Each Other

When you are estranged spouses, the dissolution of your marriage is a little more difficult. Your spouse has to be found and served with papers. The papers usually come from your state, but are transferred to the Sheriff's office in the county in which your spouse has been found. It may take many years to accomplish this, since some estranged spouses do not want to be found. Your lawyer can help you navigate these tricky waters as well by providing advice and support as to what legal steps you can take next. Contact a business, such as Madison Law Firm PLLC, for more information.