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If you want to end your marriage, but your spouse resides in a different state, you’ll have to pursue an interstate divorce. While the specific proceedings will depend on the two states involved, there are some general factors you should consider before getting started. 

3 Considerations That Impact Interstate Divorce 

1. Residency

Most states have residency requirements for filing for divorce. If you intend to end your marriage in Kentucky, for example, you must first live in the state for at least 180 days. Upon meeting this requirement, you may file for an interstate divorce in the county where you reside. It’s worth noting that some states will waive these requirements for members of the military.

2. Jurisdiction 

interstate divorceWhen it comes to interstate divorce, the county where the case is filed assumes jurisdiction over the proceedings. If both spouses file for divorce, the state where the petition was filed first will most likely take control of the case.

Keep in mind that each state’s property laws differ. For example, Kentucky is an equitable distribution state. This means that assets aren’t necessarily split equally. Instead, they’re divided fairly. That means you could walk away with considerably more than 50% of your marital property—or considerably less. 

3. Logistics 

If your spouse’s home state has more favorable asset division laws, it may be wise to let him or her file for divorce. If your states have similar laws, however, you may want to submit the petition first. Otherwise, you’ll have to find an attorney who can represent you out of state. You’ll also have to travel to your spouse’s state periodically for various proceedings, which can be inconvenient. 

 

For help navigating your interstate divorce, turn to the Law Office of Michael Davidson, PLLC. For more than 30 years, this firm has been helping clients across Lexington, KY, resolve complicated family law disputes. With a commitment to providing attentive, one-on-one counsel, attorney Davidson will use his knowledge and experience to help you achieve the most favorable outcome possible. To request a consultation, call (859) 225-1717 or visit his website.

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