What state should I file for divorce?
August 13, 2006 12:43 AM
I would like to file for divorce. What state should I do it in?
My husband and I have lived in an apartment for one year in North Dakota, but he has a Minnesota license, and I have a Georgia license. I'm not on the lease for the apartment we live in, though I have many bills going here. I have claimed in the past to be a Georiga resident while going to school just across the river in Minnesota.
A site about GA and ND makes me think I can't quite do it in either one if we assume I am a Georgia resident, and he's a North Dakota resident.
My husband and I have lived in an apartment for one year in North Dakota, but he has a Minnesota license, and I have a Georgia license. I'm not on the lease for the apartment we live in, though I have many bills going here. I have claimed in the past to be a Georiga resident while going to school just across the river in Minnesota.
A site about GA and ND makes me think I can't quite do it in either one if we assume I am a Georgia resident, and he's a North Dakota resident.
You should be able to get one in any state you like. What state did you get married in?
posted by delmoi at 1:25 AM on August 13, 2006
posted by delmoi at 1:25 AM on August 13, 2006
You are going to be hiring a lawyer for this anyway, at least you should be. You might as well talk to one, or a few, about where best to protect your interest, and where might you legally be considered a resident for purposes of filing a divorce action. These things tend to be determined by subtle differences in the law and unless you have lawyers experienced with the laws of these states and without more information about your situation it is not likely that you will get better info here than from your lawyer. Nevertheless, since you both appear to be residents of ND, which is determined by where you live, not where you obtained a driver's license, you are likely stuck with filing for divorce there or perhaps someplace like Nevada which doesn't care about residency times.
posted by caddis at 1:39 AM on August 13, 2006
posted by caddis at 1:39 AM on August 13, 2006
Try Nevada
...If you want to live there for six weeks prior to filing. Nevada is where you go for quickie marriage, not quickie divorce. Maybe ptm is thinking of The Dominican Republic or Guam, both of which offer fast divorces without a residency requirement (although you would have to spend a week in Guam if you filed there).
You should be able to get one in any state you like.
Maybe you should, but you can't. Each state has its own residency requirements, as you already know.
You need a divorce lawyer. As caddis said, you're not going to get better advice here than from a divorce lawyer.
posted by amro at 7:57 AM on August 13, 2006
...If you want to live there for six weeks prior to filing. Nevada is where you go for quickie marriage, not quickie divorce. Maybe ptm is thinking of The Dominican Republic or Guam, both of which offer fast divorces without a residency requirement (although you would have to spend a week in Guam if you filed there).
You should be able to get one in any state you like.
Maybe you should, but you can't. Each state has its own residency requirements, as you already know.
You need a divorce lawyer. As caddis said, you're not going to get better advice here than from a divorce lawyer.
posted by amro at 7:57 AM on August 13, 2006
I believe one requirement for a divorce to be recognized in other states is that the person obtaining the divorce be domiciled in the issuing state.
posted by reverendX at 7:26 PM on August 13, 2006
posted by reverendX at 7:26 PM on August 13, 2006
Just as an update, I did it in North Dakota. I did it by myself with forms available on the ND gov site. It cost $80 for the filing. I did have to notarize many forms, but the banks there did it for free.
posted by Monday at 9:09 PM on March 2, 2007
posted by Monday at 9:09 PM on March 2, 2007
This thread is closed to new comments.
posted by ptm at 1:20 AM on August 13, 2006