How Different States Treat a Divorce

Married people break up for different reasons and they may do it differently. Some married people breakup while living together while others seek a divorce after being separated. At a point during the separation, some couples may move to another city or state. Seeking a divorce while living in another state may create some complications compared to seeking a divorce while you both live in the same city and state.

Getting a Divorce

Are you thinking about getting a divorce while you are living in a different state than your spouse? Or are you considering relocation to another state during a separation from your spouse? There may be some things you need to know before moving to another state while thinking about getting a divorce. Each state has its own legal reference as it relates to divorce. Before you move, be sure to know the laws governing the state where you will file for the divorce.

Court’s Authority

Courts have jurisdiction over both your marriage and your divorce. Each state’s jurisdiction rules are different. For instance, if you and your spouse live in the state of Florida, a New York court has no jurisdiction over your marriage. For that reason, as a Florida couple, you could not get a divorce in New York. If you and your spouse live in differing states, each law for that state will determine when you or your spouse can file for divorce proceedings.

State of Residency

Prior to filing for your divorce, the state in which you live will usually require that you establish residency within that particular state. A person must live in the state of California, for example, for at least half of the year prior to filing for a divorce. California further requires that either spouse has to live within the county in which the divorce filing takes place – for at least three months prior to filing. If either spouse relocates to two different counties within the state of California, even if they are long time residents of California, both couple have to wait for three months prior to filing for a divorce in the respective counties that they moved to.

State of Georgia

Therefore, you see how one state handles a divorce. Let’s take a look now into how other states handle certain aspects of a divorce. In the state of Georgia, if you wanted to get out of alimony payments, your spouse would have to commit adultery first. If you can make that case to the judge during a divorce proceeding, you won’t have to pay alimony.

Alienation of Affection

If you wanted to file a law suit for alienation of affection on someone that is party to infidelity with your spouse, you can do so, if you, your spouse and the individual live in the state of Hawaii, Illinois, New Mexico, Utah, Mississippi and South Dakota.

Fast Divorce and Not that Fast

In the state of Nevada, you can get the fastest divorce. In the New Hampshire too, you can get a divorce in one day. All you have to do is to drive or fly to New Hampshire in one day and stay overnight and then the next day file for a divorce. It is that simple. In the contrary, though, Vermont is the opposite. You have to live there for at least one year to filing for a divorce and you have to attempt a separation of six months of living apart before the year of residency even begins. The divorce is not finalized until three months after the divorce proceedings have ended.