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do-it-yourself divorce

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ReneeM.

Guest
my husband and i have been living apart for almost a year (in the state of indiana) and now my children and i have relocated to north carolina. my question is this, my husband and i want to "do" our own divorce, does it make a difference that we do not reside in the same state and does it matter which state we file in?
 


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dorenephilpot

Guest
Hi. I'm an attorney in Indiana and will try to address your questions.

I'm unclear about whether your husband is still living here or not.

If he files for divorce in Indiana, you can "submit" (or agree) to the jurisdiction of the Indiana court, and the court here can handle the dissolution, as long as you're agreeable to that.

You probably would have a problem filing right now in North Carolina because there are usually residency requirements -- you have to live there so long before filing. I don't know what the time limits are in N.C., and it sounds like you haven't been there very now.

Furthermore, if you file in North Carolina, it's unlikely the court would have jurisdiction over him if he's in Indiana, so he could balk at that and make you come here to file it.

You can do the whole thing by agreement, but if there are children involved, generally there will be a provisional hearing which you would need to attend. At that hearing the court determines temporary custody and child support.

Then if you're in agreement on everything, you don't have to have a final hearing. You can do a waiver of final hearing and file a settlement agreement.

Because you're dealing with separate states and there ARE children involved, I would hire an attorney who charges a low rate for uncontested divorces. That way you know everything is handled correctly and there is a minimum of court hearings and screwups.

Hope this helps answer your questions. If not, let me know.
 

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