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  1. #1
    Join Date
    Sep 2016
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    13,916

    Default Moving Divorce Proceedings to Another State

    If a couple separates and one spouse moves to another state half-way across the nation, can that spouse move a divorce case to their new state of residence? The other spouse filed a divorce, and travel back to the other state for divorce hearings will be burdensome.

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Moving Divorce Proceedings to Another State

    If the divorce is not contested, travel requirements are minimal and may potentially be avoided. If the divorce is contested, then there are issues of marital property and/or custody that are properly addressed in the state that has jurisdiction over the marital estate and children. Absent unusual facts, the new state would not have any contacts with the marital estate or with the other spouse, such that it could exercise jurisdiction over anything but a grant of divorce itself.

    If the separation occurred more than six months before the divorce case was filed, the parties have children, and the children have lived with the spouse who relocated in the new state for at least six months prior to filing, then the spouse who relocated can try arguing that the new state is the proper jurisdiction for the custody issues.

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