Divorce

[Victoria298]

What is the name of your state (only U.S. law)? Indiana
I have lived in Indianapolis since May/2008 and my husband lives in Iowa. Which state should I file for divorce?

 

[mistoffolees]

What is the name of your state (only U.S. law)? Indiana
I have lived in Indianapolis since May/2008 and my husband lives in Iowa. Which state should I file for divorce?

Where did you live before you moved ti Indiana? If you were a resident of Iowa for > 12 months (the residencey period in IA), then you could file there. Or wait until November to file in IN.

If you came from somewhere other than Iowa, then you need to figure out where you are legally a resident. But waiting a month is probably going to be easier.

Indiana Divorce Source: Residency Requirements for Divorce: Indiana

 

[Ohiogal]

Where did you live before you moved ti Indiana? If you were a resident of Iowa for > 12 months (the residencey period in IA), then you could file there. Or wait until November to file in IN.

If you came from somewhere other than Iowa, then you need to figure out where you are legally a resident. But waiting a month is probably going to be easier.

Indiana Divorce Source: Residency Requirements for Divorce: Indiana

She cannot file anywhere at this point. States require you be a resident for the time IMMEDIATELY preceding the filing.

 

[mistoffolees]

She cannot file anywhere at this point. States require you be a resident for the time IMMEDIATELY preceding the filing.

I didn't realize that. I guess I thought that you remained a resident of state X until you qualified to be a resident of state Y.

If you're correct (I have no reason to doubt you), then that means she's not a resident of any state - which is rather bizarre.

 

[Ohiogal]

I didn't realize that. I guess I thought that you remained a resident of state X until you qualified to be a resident of state Y.

If you're correct (I have no reason to doubt you), then that means she's not a resident of any state - which is rather bizarre.

She is not a resident of any state for purposes of filing a divorce. She obtains residency in states for other purposes sometimes after 30 or 60 days or even less (i.e. voting, driver's license, registration, etcetera). So you can be a resident of a state WITHOUT having residency for purposes of filing a court action. The reason behind this is to prevent forum shopping.

 

[mistoffolees]

She is not a resident of any state for purposes of filing a divorce. She obtains residency in states for other purposes sometimes after 30 or 60 days or even less (i.e. voting, driver's license, registration, etcetera). So you can be a resident of a state WITHOUT having residency for purposes of filing a court action. The reason behind this is to prevent forum shopping.

OK, I get that. But that means that when a person moves, they are not a resident of any state -for divorce purposes-. That just struck me as odd since for other purposes (voting, driver's license, etc), you remain a resident of your previous state until you become a resident of a new state.

I always thought that when a person moved that they could still file for divorce in their old state. I learned something new today.