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Can You File for Divorce in a State Where Your Spouse Has Never Lived

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  • 07-21-2017, 11:57 AM
    TigersFan17
    Can You File for Divorce in a State Where Your Spouse Has Never Lived
    Ohio Jurisdiction if wife never lived there?? My husband tried to file but I refused to sign Jurisdiction in Ohio. I'm saving up money to file where I live, but I'm unsure if it will DEFAULT since I didn't sign the Waiver of Service of Summons and Consent to Jurisdiction form. I don't care about the divorce being done there, but I want custody handled here where the children and I have lived (2 years) and will continue to live in Louisiana. Unfortunately he's left me with nothing and I'm having to save up for the $3,500 required retainer here. How much time do I have before it defaults? I can't afford to hire an attorney in Ohio just to answer that question. Thanks for your help.
  • 07-21-2017, 12:52 PM
    llworking
    Re: Divorce
    Quote:

    Quoting TigersFan17
    View Post
    Ohio Jurisdiction if wife never lived there?? My husband tried to file but I refused to sign Jurisdiction in Ohio. I'm saving up money to file where I live, but I'm unsure if it will DEFAULT since I didn't sign the Waiver of Service of Summons and Consent to Jurisdiction form. I don't care about the divorce being done there, but I want custody handled here where the children and I have lived (2 years) and will continue to live in Louisiana. Unfortunately he's left me with nothing and I'm having to save up for the $3,500 required retainer here. How much time do I have before it defaults? I can't afford to hire an attorney in Ohio just to answer that question. Thanks for your help.

    Ohio cannot take jurisdiction over custody matters because the children do not reside there. However, you will need to make that known to the judge.
  • 07-21-2017, 01:25 PM
    Mr. Knowitall
    Re: Can You File for Divorce in a State Where Your Spouse Has Never Lived
    If you do not handle things properly, through a filing or appearance you may find that you accidentally consent to Ohio's jurisdiction, or you could end up trying to fight the enforcement of an Ohio custody order. You really do need to speed up the process of retaining counsel, and initiating Louisiana custody proceedings.
  • 07-21-2017, 02:00 PM
    adjusterjack
    Re: Can You File for Divorce in a State Where Your Spouse Has Never Lived
    Something's not clear.

    Quote:

    Quoting TigersFan17
    View Post
    Ohio Jurisdiction if wife never lived there?? My husband tried to file

    There is no "trying" to file. There is either file or not file. If your husband met the residency requirements in Ohio then he was able to file his petition.

    Quote:

    Quoting TigersFan17
    View Post
    I refused to sign Jurisdiction in Ohio. I'm saving up money to file where I live, but I'm unsure if it will DEFAULT since I didn't sign the Waiver of Service of Summons and Consent to Jurisdiction form.

    That's fine. But were you handed the petition by a process server or did he just mail you the Waiver and Consent and ask you to sign it? If just the latter and you have not been served the petition, then it shouldn't be subject to default until after you are served the petition.

    Quote:

    Quoting TigersFan17
    View Post
    I'm having to save up for the $3,500 required retainer here. How much time do I have before it defaults? I can't afford to hire an attorney in Ohio just to answer that question. Thanks for your help.

    I suggest you save up faster or talk to some Louisiana attorneys until you find one willing to put you on a payment plan so you can serve your petition on him before he serves his petition on you.

    Or, look up do-it-yourself Louisiana divorce and file your petition and hire a process server in Ohio to get your husband served.

    No good will come of waiting. You risk him getting the upper hand.
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