How do I get a divorce if my husband is in another state?

How do I get a divorce if my husband is in another state?

If you and your spouse live in different states but want to divorce, it is possible to do so. Still, you need to meet the residency requirements of the state where you file for divorce. If your spouse filed for divorce first in a different state, that filing and that state’s laws usually control the proceeding.

Can spouses live in different states?

With proper planning, spouses who live in different states can avoid paying unnecessary state taxes. An individual may reside in multiple states, but can have only one domicile that taxpayer’s fixed, permanent home. Individuals domiciled in a state are automatically considered state residents for tax purposes.

What state do you get divorced in?

In theory, you and your spouse may divorce in either state in which one of you resides. The majority of states require that a spouse reside in the state before filing for divorce in that state. Proof of residency may be required, and some states require six months of residency, while others require a year.

Can a spouse take a child out of state?

If there is some type of court action involving the children (divorce, custody, visitation, child support, etc.) that is in process, then it may be illegal for you to take the children out of state, even temporarily, without permission from the judge and/or consent of the other parent.

Can I move out of state if there is no custody order?

If you have never been married to the father and there is no court order about custody, then you can move out and take your child with you. You do not need court permission to move out with your child. But the father can file a paternity case at any time, and then try to get custody and parenting time or visitation.