Divorce: When You and Your Spouse Live in Different States

Significant change often happens very quickly when couples decide to divorce. One or both spouses may opt to move immediately or within days of that decision. When one or both spouses choose to move outside of the state before a divorce is finalized, a few practical challenges arise. Dividing property can become more complex when some of it is located in one state and some in another. Similarly, choosing where to file for divorce can become surprisingly tricky when both spouses are no longer subject to the same state laws. Finally, if any minor children are affected by the divorce, child custody tensions may be heightened when parents no longer live close to one another.

If you and your spouse have decided to divorce and you no longer reside in the same state, it is generally a good idea to seek the counsel of an attorney experienced in cases like yours. Please consider connecting with a law firm today and scheduling a consultation. Once they learn more about your family’s unique circumstances, they will be able to explore legal strategies designed to help you achieve your divorce-related goals. Living in a different state than your spouse currently does can result in some challenges. However, many other couples have navigated similar challenges and we can help you to benefit from their experiences whenever possible.

Filing, Property Division and Child Custody

In general, at least one spouse must live within a state for a specific period of time before they may file for divorce within that state. Each state imposes its own residency requirements and restrictions. Most of the time, spouses cannot file for divorce within a state’s courts until they have been residents of that state for at least six months. So, if you are looking to obtain a divorce quickly, it may make sense to file in your home state, even if one of you has moved. With that said, there may be good reasons to wait to file in a new state of residence and we will be happy to help you explore those options.

Until you speak with us or consult with another attorney, please be careful about moving with your minor child or transferring property out of your home state. There are legal circumstances under which you could be held liable for unintentionally breaking the law. When in doubt, ask before you act.

Divorce Guidance Is Available

If you have questions about the divorce process, please consider scheduling a consultation with a divorce lawyer Tampa, FL divorcees can trust. They will be able to advise you of your legal options, discuss your preferred approach to the divorce process, inform you about our style of representation and begin crafting a legal strategy once we learn about your unique circumstances.

As no two divorces are exactly alike (and living in a different state than your spouse does bring an additional challenge into the “mix”) it is generally a good idea to seek legal guidance and support before committing to a specific kind of approach to the divorce process. 

Thanks to The McKinney Law Group for their insight into family law and divorce when you live in a different state as your spouse.