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divorce

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L

lee's friend

Guest
Can a person obtain a divorce in another state, other than the state they were married in, and became legally seperated in, if that state says they must be seperated in for one year? Both parties are in agreement on all terms of their seperation, and the divorce would be a no contest divorce, however they have only been seperated one month, but both parties do not want to wait the year of seperation required by their state(NC).
 


I AM ALWAYS LIABLE

Senior Member
My response:

As long as one of the parties satisfies the residency requirements of the "New" State, and the Separation requirements of the "New" State, then a Petition for Dissolution can be filed in the "New" State.

Your assignment then, would be:

1. Choose a "New" State for the Dissolution.

2. One of you must move to the "New" State.

3. In your process of deciding on a State, find out which States have the least amount of time required for residency, and which State has the least, or no, separation requirements. E.g., California's residency requirements are 6 months in the State, and 3 months in the County. Since the Dissolution will take more than 6 months anyway, you can satisfy the "Separation requirements" during the pendancy of the action. Therefore, all you need to do is live in California for 6 months before your Petition is filed, and during the next 6 months (which will be during the pendancy of the action) theoretically you can be divorced within a years' time.

Residency Requirements for ALL States:
http://www.abanet.org/family/familylaw/table4.html

Good luck.

IAAL
 
Last edited:

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