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Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> jurisdiction
Feb 14, 2014

where to file divorceBy Jennifer M. Paine

Cordell & Cordell Divorce Lawyer

There are two concepts that interplay when choosing where to file for divorce.

The first is subject matter jurisdiction. Subject matter jurisdiction refers to the court’s reach/jurisdiction over the topic/subject of your case. In other words, you must file your case in a court that handles divorces and not, for example, in probate or small claims court.

The second, and more important for you, is personal jurisdiction. Personal jurisdiction refers to the court’s jurisdiction over the litigants (you and your wife).

Generally, only one of you must reside in the state for the court to have personal jurisdiction.

If you and your wife reside in separate states or even separate counties, depending on your state’s laws, where you file can make or break your case. 

Given options for filing, what should you do? Ask these five questions:


Aug 19, 2013

divorce lawyer Kristen BuzzelliQuestion:

We reached a memorandum of understanding in mediation that neither party will seek to change jurisdiction of the case. We have both moved out of the original issuing state and now live in the same state albeit in separate homes.

My ex-wife wants to modify child support through the new state we both live in despite the agreement that we would not change the jurisdiction.

Can she change jurisdiction to the state we are now residing in and disregard our mediation agreement?


Jul 11, 2013

Albany divorce lawyer Asa NeffQuestion:

I told my ex-wife I was relocating to another state with our children due to the best interests of providing them with a better life.

My ex-wife has filed a modification of custody in the state that issued the custody order alleging that I did not give her proper notice before relocating.

Does she have grounds for this request for change in custody? Does my old state (her current state) still have jurisdiction over this matter?


Mar 21, 2013

Albany divorce lawyer Asa NeffQuestion:

After our divorce and child support was ordered to me, my ex-wife and child moved to another state and I also moved to a different state so the original jurisdiction no longer applies.

I recently received child support enforcement and modification paperwork from the state I now live.

So which state has jurisdiction to enforce and modify the child support order: the state my ex-wife and child live in or the new state where I reside?


Mar 08, 2013

divorce lawyer Andrea JohnsonQuestion:

Are divorce decrees legally binding from one state to another so that enforcement can occur in any state regardless of where the divorce was entered?


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