If you are considering a divorce you need to speak with an experienced Rhode Island divorce attorney as soon as possible. Please contact us online or call our Warwick office directly at We help divorce clients in Providence, Warwick and all areas of Rhode Island.
Where should we file for divorce if my spouse and I currently live in different states? For example, you may be compelled to file your divorce in a specific state if: You do not meet residency requirements. Many people also incorrectly believe they have to divorce in the state where they were married.
Residency requirements exist to protect the divorcing parties by preventing the filing spouse from choosing a jurisdiction with the laws that he or she likes best. Proper establishment of residency is important. Failure to do so can become grounds for contesting the divorce or the case being quickly dismissed or rejected at the time of filing. Courts cannot issue a divorce without proper jurisdiction. Nearly all states require that a person wishing to end a marriage there be a resident of the jurisdiction before filing for divorce.
The length of time varies. In 26 states, residency is established in six months or days. Other states require 60 to 90 days. In Nevada, it is six weeks. Three states -- Alaska, South Dakota and Washington -- have no residency requirement.
Most states also require that the party be a resident in the county of filing for a shorter a period of time than the state requirement. The residency must generally be continuous; that means if the filing spouse's state has a three-month requirement, the filing spouse cannot live there for two months, leave for a month, return for a month, then file for divorce. After the filing, however, jurisdiction requirements are established, so the filing spouse may leave.
In their divorce laws, some states use the word domicile in their statutes instead of residency. One state might force an obligor to pay thousands more in monthly child support than a neighboring state. Where you file for divorce matters. Jurisdiction is the authority given to courts to hear certain types of cases. In order to obtain jurisdiction over a divorce suit, many states have residency requirements that must be met prior to filing a petition for divorce.
This is known as subject-matter jurisdiction. The requirements for subject-matter jurisdiction vary from state to state. For instance, Texas requires that one spouse must be a resident of the state for at least six months and a resident of a particular county for at least 90 days prior to filing for divorce.
In contrast, Washington has no such requirement; you could move there and file for divorce the very next day. Arkansas requires only 60 days.
Uncontested Divorce. Cost of Divorce. Residency Requirements in Divorce. Serving and Answering a Divorce Petition. Summary and Default Divorce. Collaborative Divorce. Divorce Arbitration. Divorce Mediation. Divorce Settlements. Divorce Trials and Appeals. Special Circumstances in Divorce. Dividing Money and Property in Divorce.
Frequently Asked Questions. Uncontested Divorce Forms: State Resources. Alimony Forms: State Resources.
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