Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

My previous divorce article "Divorcing When Living In Separate States" discussed how to establish the proper jurisdiction for divorce. Once proper jurisdiction has been established, there are additional questions that may arise.

Often in a situation where the spouses live in separate states, jurisdiction is established in a court near one of the parties. For the other spouse, questions arise on how to handle the distance, including whether you must appear in court.

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

If divorcing parties physically separate and move to different counties, or even different states before legally separating, this can raise questions as to where to where the jurisdiction is in order to file for the dissolution of the marriage or the legal separation.

In order to determine which is the proper court in which to bring your action for dissolution or legal separation, you must look at which court would have jurisdiction over the action and over the parties involved.

Question:

I am looking for an alimony and child custody modification but am unsure which state has jurisdiction to proceed.

I currently live in another state from where our divorced was filed. My ex-wife and children continue to live in that state.

Could I get a change of venue so that the state I live in would have jurisdiction to handle my child custody and alimony modification procedures or do I have to go through the courts in the state where we got divorced?

Question:

My question deals with child support and paternity laws.

I recently was informed that there was a strong possibility that an ex-girlfriend from many years ago is claiming I am the father of her child.

I've been told it's possible a default judgment was entered against me ruling me as the child's father and setting child support, which I have never paid since I was never served nor informed of this ruling.

What I would like to know is whether I have a warrant against me for unpaid child support, and if so, will they keep me in jail?

Question:

My wife and I live in separate states. She filed for divorce in the state she now lives in.

However, that state has no personal jurisdiction over me so it cannot rule on alimony, child support, property division, etc.

How do I notify the court that I am contesting personal jurisdiction?