HELP! Moving from CA to NV (uncontested divorce) - WHERE TO FILE?

[mpdivorce]

What is the name of your state (only U.S. law)? CALIFORNIA

My spouse and I are filing for an uncontested divorce after 8 years of marriage. We are both California residents, don’t have any children, and my spouse has agreed to provide me with spousal support. I plan on moving from CA to Nevada after 1/1/2012.

I want the divorce to be processed and finalized with the least amount of complications.

If I file for divorce in CA now (by 11/1/2011) and then move to NV in January, will that affect the processing of my divorce? In other words, is it LEGAL for me to file for divorce in California, and then move to Nevada and establish residency there?

…Or should I wait to file the divorce until after I move to NV and have established the 6-weeks residency requirement there for divorce filing?

Which scenario will be the least complicated- filing for divorce in CA or NV?

Thank you.What is the name of your state (only U.S. law)?

 

[LdiJ]

What is the name of your state (only U.S. law)? CALIFORNIA

My spouse and I are filing for an uncontested divorce after 8 years of marriage. We are both California residents, don’t have any children, and my spouse has agreed to provide me with spousal support. I plan on moving from CA to Nevada after 1/1/2012.

I want the divorce to be processed and finalized with the least amount of complications.

If I file for divorce in CA now (by 11/1/2011) and then move to NV in January, will that affect the processing of my divorce? In other words, is it LEGAL for me to file for divorce in California, and then move to Nevada and establish residency there?

…Or should I wait to file the divorce until after I move to NV and have established the 6-weeks residency requirement there for divorce filing?

Which scenario will be the least complicated- filing for divorce in CA or NV?

Thank you.What is the name of your state (only U.S. law)?

Its a bit of a PITA to deal with a divorce going on in another state, but other than that, there is no legal reason why you cannot move to another state while the divorce is pending.

 

[mpdivorce]

Thank you for the advice!

Its a bit of a PITA to deal with a divorce going on in another state, but other than that, there is no legal reason why you cannot move to another state while the divorce is pending.

Hello LdiJ,

Thank you for your help. LOL @ "PITA"! I think I might start using that acronym when someone or something is getting on my nerves- call it or them a PITA. They'll probably just think I'm calling them a piece of bread and be none the wiser! Do you happen to be a practicing attorney, and if so, in what state?

Thanks again!

 

[LdiJ]

Hello LdiJ,

Thank you for your help. LOL @ "PITA"! I think I might start using that acronym when someone or something is getting on my nerves- call it or them a PITA. They'll probably just think I'm calling them a piece of bread and be none the wiser! Do you happen to be a practicing attorney, and if so, in what state?

Thanks again!

Not an attorney...just an educated layperson.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CALIFORNIA

My spouse and I are filing for an uncontested divorce after 8 years of marriage. We are both California residents, don’t have any children, and my spouse has agreed to provide me with spousal support. I plan on moving from CA to Nevada after 1/1/2012.

I want the divorce to be processed and finalized with the least amount of complications.

If I file for divorce in CA now (by 11/1/2011) and then move to NV in January, will that affect the processing of my divorce? In other words, is it LEGAL for me to file for divorce in California, and then move to Nevada and establish residency there?

…Or should I wait to file the divorce until after I move to NV and have established the 6-weeks residency requirement there for divorce filing?

Which scenario will be the least complicated- filing for divorce in CA or NV?

Thank you.What is the name of your state (only U.S. law)?

Legally, these are your options:

1. File for divorce in CA and then continue the divorce while you're gone. It will involve some back and forth travel or else a local attorney.

2. Move, then wait until you have legal residency in NV and then file in NV.

You really should talk with an attorney about the options. While either of the above is legal, there are different rules for alimony, child support, property division, and so on. If you were a little closer to 10 years, the extra time could affect social security benefits, as well. It's best to lay out the entire picture for an attorney who is familiar with both states' laws and then decide which approach makes the most sense.

Or just file in CA to get it over with.

 

[mpdivorce]

Legally, these are your options:

1. File for divorce in CA and then continue the divorce while you're gone. It will involve some back and forth travel or else a local attorney.

2. Move, then wait until you have legal residency in NV and then file in NV.

You really should talk with an attorney about the options. While either of the above is legal, there are different rules for alimony, child support, property division, and so on. If you were a little closer to 10 years, the extra time could affect social security benefits, as well. It's best to lay out the entire picture for an attorney who is familiar with both states' laws and then decide which approach makes the most sense.

Or just file in CA to get it over with.

Hello, and thank you. From all the research I've done and advice I've gotten, it seems to make the most sense to file now, while I am in California. I appreaciate your kindness in helping. Thanks again!