When you and your former partner live in different states and plan to get divorced, matters can get more
complicated. Because you cannot file for divorce in two states, either one of
you will file for divorce first and establish jurisdiction for your divorce, or
you and your former partner will need to discuss and negotiate where you’ll
file for divorce. The best outcomes for divorce often come when both parties
can resolve their differences outside of court, with the assistance of their
lawyers. Schneider & Onofry, P.C. are divorce attorneys in Yuma, Arizona
who can assist you if you and your former partner are considering getting divorced and live in different states.
Understanding Residency Requirements
Each state has its own residency requirements when it comes to who can file for divorce. In order to
file for divorce in Arizona, for example, individuals must have resided in the
state for at least 90 days in order for Arizona to have jurisdiction. However, if
you have moved to another state, or if you just moved to Arizona, you may need
to wait in order to file for divorce. If you want to file for divorce before
your partner in another state files, now might be the time to act. Schneider
& Onofry, P.C. are divorce attorneys in Yuma, Arizona who can help you
understand residency requirements and assist you with filing for divorce, once
you meet Arizona’s residency requirements.
What if My Partner and I File for Divorce at the Same Time, in Different States?
When two parties file for divorce concurrently in two different states, generally, the person who filed
for divorce first will get jurisdiction. However, it is possible for a divorce
to be pending in two states. Only one state can finalize the divorce, though.
When you have a divorce proceeding that has been concurrently filed in two
states, the divorce process can get more complicated. Having a divorce lawyer
like Schneider & Onofry, P.C. in Yuma, Arizona on your side to help you
navigate the legal process can make a big difference in your case.
The best way to avoid concurrently filing for divorce is to discuss your divorce with your partner
and negotiate where you’ll file. If you live in two different states, the
partner living in the state where you decide to file for divorce will generally
file. It might be best to file for divorce in the state where your children
live, because this is likely where the parenting plan will apply. However,
every couple’s situation is unique. Every state’s divorce laws differ. One
state may have laws that might be more favorable to your situation. However,
the courts don’t look favorably upon cases where one partner moved to a state
just to get a better outcome for his or her divorce, so it is important to
tread carefully when considering where to file for divorce and understanding
your legal rights and responsibilities.
Schneider & Onofry, P.C. are divorce lawyers in Yuma, Arizona who can help you understand you
obligations and rights when it comes to navigating a divorce across state
lines. Delivering divorce paperwork to a partner in another state, and
finalizing a divorce when one party lives in another state can be complex. Our
family lawyers in Yuma, Arizona can help.
When An Ex Avoids Service to Delay Divorce
If you and your partner don’t agree about the divorce, and your partner lives in another state, it is
possible that he or she may try to avoid service to delay the divorce or to buy
him or herself time to file in another state. Fortunately, there are options available
to you if your partner is avoiding service. If you can prove that the paperwork
was delivered formally, you may be able to petition the court for a default
judgement. Furthermore, if you have been delivered divorce paperwork, it is
likely in your best interests to respond. Even if you disagree with your ex’s
demands, a response gives you the opportunity to fight for your rights in
court. Failure to respond to divorce paperwork can result in a default
judgement being made.
Schneider & Onofry, P.C. are divorce attorneys in Yuma, Arizona who can help you navigate the legal
requirements that each couple must follow as they divorce. One of the
requirements is serving paperwork to your ex. If this is proving to be a
challenge, our Arizona family lawyers may be able to help.
Divorce can only be finalized in one state. But if you and your former partner reside in two different
states, Schneider & Onofry, P.C. are divorce lawyers in Yuma, Arizona who
may be able to help you navigate the additional complications that can arise. From
helping you understand residency requirements, to serving papers across state
lines, Schneider & Onofry, P.C. has you covered.