If you and your former partner live in different states and are planning to get divorced, your divorce could be more complicated than a divorce where both parties reside in the same state. Because of the urban density of the New York, New Jersey, and Connecticut region, more families encounter divorce situations where the couple may reside in different states. If you and your partner separated in New York, but one or both of you moved to another state, this could create some unique challenges when the time comes for you to file for divorce. The Elliot Green Law Offices are divorce attorneys in Brooklyn, New York who can help you navigate the challenges that can arise with an interstate divorce.
In order to file for divorce in any state, you’ll need to meet the state’s residency requirements. If only one partner resides in New York, you must have resided in the state for at least two years before you can file for divorce. However, you may be able to file for divorce with only one year of residency in New York state, if either you or your partner lived in the state for one year before filing for divorce, or you were married in New York, or the grounds for your divorce took place in New York. Other states may have different residency requirements. Before you can file for divorce, it is important to check the residency requirements in your state.
What Happens if Both Parties File for Divorce at the Same Time in Different States?
It is legally possible for a divorce to be pending in two states. If both parties each file for divorce in their respective state, then the divorce could be pending in two states. However, you can only get divorced in one state. Once a divorce has been finalized in one state, it cannot be finalized in another state. Generally when couples “concurrently file” for divorce, the partner who filed first will get jurisdiction of the divorce in their home state.
Why would couples simultaneously file for divorce? Sometimes one partner moves to a state because he or she believes that the state’s laws will give him or her a better divorce outcome. This is sometimes called “forum shopping.” If your partner has moved to another state and you are concerned that he or she may be forum shopping, you may want to speak to a divorce lawyer in your home state as soon as possible. The Elliot Green Law Offices are divorce lawyers in Brooklyn, New York who can help you understand what options you might have if your partner has filed for divorce in another state. If your partner has moved to another state and you are concerned that he or she may be trying to establish residency to file for divorce there, you may have an advantage if your home state is New York because your partner may need to wait to establish residency in another state. The Elliot Green Law Offices are divorce lawyers who may be able to help you understand your options.
When Your Ex Avoids Service to Delay Divorce
If your ex doesn’t want to get divorced, or is trying to finalize his or her divorce in another state, he or she may avoid service. Individuals can avoid service by refusing to sign divorce papers, failing to appear in the state where the divorce is taking place, or by making it difficult to contact him or her. When a former spouse avoids service, this can complicate your divorce. However, you may still have options to finalize your divorce. For example, you may be able to eventually secure a default judgement against your partner, if he or she doesn’t respond to paperwork and if you can show that he or she physically received the divorce paperwork.
If you have received divorce paperwork, don’t ignore these documents. Ignoring the documents could result in a default judgement being filed against you. Instead, reach out to the divorce lawyers at the Elliot Green Law Offices in Brooklyn, New York today to learn more about what options you might have.
Divorce in Different States: Your Options
Because different states have different divorce laws, some states may have laws that are more favorable to your situation. If you and your partner both live in different states and you both are able to file for divorce because you meet each state’s residency requirements, and you are able to negotiate your case, you both may want to speak to your lawyers to determine where it may be best for you to file for divorce. When you can negotiate this with your partner, you may be able to find a solution and options that are favorable to all parties involved. Divorce, when you live in different states, can be particularly complicated, especially if you have children. Before filing any paperwork, consider speaking to the Elliot Green Law Offices, divorce lawyers in Brooklyn, New York today.