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  1. #1
    Join Date
    Jun 2009
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    Default Can I File for Divorce if My Wife and Kids Have Lived Out of State for Over 6 Months

    My question involves divorce in the State of: Oregon
    My wife left from Oregon to Washington over 6 months ago. I know that the status quo means that the children are now legal residents of Washington state and that Washington state will have to handle the custody part of the divorce. My wife will not go file so I want to file instead. I need to know how I can file from Oregon when the kids are residents of Washington. Will my filing for divorce here just be null or will it prompt Washington state to start the proceedings for custody. We have both agreed to joint custody and plan to share the kids equally but she just wont file. What do I do?
    Thank you in advance for your help.

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Can I File for Divorce if My Wife and Kids Have Lived Out of State for Over 6 Mon

    You file for divorce in the state in which you live.

    Custody is a separate proceeding. Either of you can file for custody in the state in which the children live.

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can I File for Divorce if My Wife and Kids Have Lived Out of State for Over 6 Mon

    If your wife consents to resolving all issues, including custody, in Oregon, you can probably get all issues resolved within the Oregon proceeding. If not, given that the children have been domiciled in another state for more than six months, you can expect that custody would have to be litigated in Washington State.

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