Blog entries tagged residency

Establishing Residency And Transferring Divorce Case To Another State

Thu, 08 Nov 2012 00:00:00 +0100

Question:

I am moving to another state and would like that state's divorce laws to apply to my case once I establish residency.

My divorce case is final in the state I currently live in, but when I'm settled in my new state can I transfer jurisdiction to that staRead More...

Which State Has Jurisdiction If Wife Files For Divorce But Child Lives In Another State?

Matt Allen — Mon, 20 Aug 2012 00:00:00 +0100

Question:

My wife and I are currently separated and live in separate states, though our child lives with me. I do not yet meet the residency requirements to file for divorce in my state, but my wife does meet the residency requirements in her state.

She says that once she files for divorce in her state that she will get primary custody, and IRead More...

The Easiest And Hardest States To Get A Divorce

Matt Allen — Wed, 16 Nov 2011 00:00:00 +0100

By Matt Allen

Editor, DadsDivorce.com

If you live in New Hampshire and want a quickie divorce, you're in luck. But if you live just over the state line in Vermont, then settle in for a long, drawn-out case.

That's how varied divorce laws are in the U.S. as these two border states rank as the easiest and hardest states, respectively, tRead More...

Do You Have To Remain In The State During The Residency Requirement Period?

Matt Allen — Mon, 05 Sep 2011 00:00:00 +0100

Question:

I need a bit of clarification on the domicile requirement for filing a divorce. Where I am from (Texas), I understand that at least one person must be domiciled in Texas for the preceding 6-month period and they have to be a resident of the county for the preceding 90-day period.

Does the 6-month period have to be consecutive? By this I mean, woulRead More...

Does temporarily leaving the state affect residency requirements for divorce?

Matt Allen — Sun, 23 Jan 2011 00:00:00 +0100

Question:

I have lived in Texas for the past 20 years but recently had to leave the state for a 10-month period. I returned last month, but I would like to know if my time out of state means I don't meet the residency requirement to file for divorce in Texas?

I believe you have to be a resident of the state for 6 months to file for divRead More...

Can my wife be ordered to disclose where she and the kids are living?

Matt Allen — Fri, 12 Nov 2010 00:00:00 +0100

Question:

My wife and I are separated but still legally married. She has since moved out of our marital home with our children but will not tell me where she is living.

Can she keep this information from me and not tell me where she and my kids are living?

Answer:

Unfortunately, I am onlyRead More...

Can I place a residency restriction on where my ex can move with my kids?

Matt Allen — Fri, 22 Oct 2010 00:00:00 +0100

Question:

My parenting plan allows me only four days of visitation a month. The only way to see them more is for one of us to move closer to each other.

Is there a way I can make her move closer to where I live or place a residency restriction on where she can move?

Answer:

I do not practice in Read More...

Can I get a divorce in the U.S. if we now live overseas?

Matt Allen — Mon, 04 Oct 2010 00:00:00 +0100

Question:

I am a U.S. citizen and married an Indonesian woman in the U.S. We have spent the past 8 years living overseas with our son.

Can I get divorced in the U.S. or does it have to be in the country we now live in (Malaysia)? What other issues does an international divorce bring?

Answer:

I cannot compare or contraRead More...

Pros and Cons of No-Fault Divorce

Matt Allen — Tue, 07 Sep 2010 00:00:00 +0100

By Molly Murphy

Attorney, Cordell & Cordell

Every jurisdiction in the United States has different standards and reasons that a party may file for dissolution of marriage. No-fault divorce describes any divorce where the spouse suing for divorce does not have to prove that the other spouse did something wrong. All states allow divorces regardless of who is at fault.

So what are the pros and cons of no-fault divorce?

You can file for divorce at any time and for Read More...

Can I file an appeal if she lied to meet the state's residency requirement?

Matt Allen — Tue, 17 Aug 2010 00:00:00 +0100

Question:

My ex-wife filed for divorce in a county in California before meeting the 90-day residency requirement. She simply lied in the divorce papers and said we split three months earlier. Can I file an appeal of the divorce decision based on the court not having jurisdiction in the first place?

Answer:

First let me Read More...

Can a divorce case be dismissed because of false residency facts?

Matt Allen — Mon, 16 Aug 2010 00:00:00 +0100

Question:

If the driver's license used to file a divorce petition contains false and incorrect information is it a reason for dismissal of the action?

It does not match the residency statements on the suit and is not accurate in the residency facts.

Answer:

First let me preface my answer by stating that I am not licensed in thRead More...

My wife is pregnant with another man's baby and I want to get divorced before the baby is born

Matt Allen — Wed, 09 Jun 2010 00:00:00 +0100

Question:

My wife cheated on me and moved in with her boyfriend in 2006 and moved to another state after that and I haven't been able to find her since. About 4 months ago she called me and said she was pregnant with another man's baby and it's due in August, and she wants the divorce now before the baby born. But I don't Read More...

Ask a Divorce Lawyer topics for March 22: Adoption and void marriage; what makes a binding ...

Matt Allen — Mon, 22 Mar 2010 15:33:00 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

If a marriage is declared void, will that have an affect on my adoption of her child?
My wife signed over custody of our kids by a letter that was signed in front of a notary. Is this a legal binding agreement?
Is my Ph.D. marital property that my wife has a claim to, and how willRead More...

Ask A Divorce Lawyer: Can she file a motion to keep me from leaving the state?

Sat, 20 Feb 2010 00:00:00 +0100

Question:

My wife and I have been married for 10 years. We have two boys, 3 and 5 years old. We moved to Hawaii 4 months ago with the intention of staying here no longer than 1-2 years because we had heard of how horrible the school system is here. After getting over here, she wants to stay forever. I absolutely do not want that and am planning on moving back to Oregon. She recentRead More...

Ask a Divorce Lawyer topics for Feb. 17: Emancipation and jurisdiction; moving out; age of ...

Matt Allen — Wed, 17 Feb 2010 16:37:26 +0100

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

My divorce papers in one state order me to pay child support until my sons are 21. They now live in another state where emancipation is 18, so do I have to keep paying until they are 21?
How long do I have or how do I go about forcing my wife to get the rest of her belongings out Read More...

Ask a Divorce Lawyer: Can I divorce my wife if we live in separate states?

Matt Allen — Tue, 02 Feb 2010 00:00:00 +0100

Question: I have lived in New Mexico full time since 2007 and am a legal resident in this state.

I’m still legally married to my wife, but she lives in California and cannot leave the state due to her felony probation terms.

Can I divorce her while I live in New Mexico and she’s in California?

A few details: I’m no longer conRead More...

Ask a Divorce Lawyer: Is there a residency requirement before you can file for child support?

Matt Allen — Wed, 27 Jan 2010 00:00:00 +0100

Question: Is there a residency requirement in Kentucky before someone can file for child support? I know that someone must be there for 6 months to file for divorce.

I live in Ohio, but my wife left and took the kids to Kentucky and now has filed for child support. It has only been 2 months since she left.

Answer: You are coRead More...

Ask a Divorce Lawyer: My wife fled the state with my daughter without my permission. What can I do?

Matt Allen — Wed, 30 Dec 2009 00:00:00 +0100

Question: My daughter was born in Texas. Her mother took her without my permission/knowledge, and went to Iowa. She has been there almost a week. Now my wife is refusing to come home, and she will not let me see my daughter. What can I do?

Answer: You should contact a domestic litigation attorney RIGHT AWAY. In addition to issues relating to taking yourRead More...

DadsDivorce Live's Ask a Lawyer: Alimony, child support, and residency

Matt Allen — Tue, 08 Dec 2009 00:00:00 +0100

Rick Ortiz with DadsDivorce Live discusses the topics of alimony, income used for child support, and establishing residency with family law attorney Dan Cuneo, J.D. of Cordell & Cordell, P.C., a firm focusing on representing men in divorce.

Dan Cuneo is a Senior Attorney in the St. Louis office of Cordell & CordRead More...

Ask a Lawyer: annulment

Mon, 29 Nov 1999 18:00:00 +0100

Question: Is there still a residency requirement to obtain an annulment? The other parent has abandoned us and we have not heard from him since June.Answer: I cannot answer your question specifically to the laws of Michigan as I am not licensed to practice law in that State. In general, the residency requirements are under six months, but I do not know about Michigan. If you call your local courthouse and request to speak to a clerk regarding a residency requirement, they may be able to inform yRead More...