What to Know About Filing For Divorce in Different States


When it comes to divorce, there are a lot of things that each party has to know before the divorce is filed, throughout the divorce process, and when the divorce is finalized. Unfortunately, every divorce has the potential to be more complicated depending on various factors. One of the factors involves which state the couple is filing for divorce in. Consider the following things that every couple should know about filing for divorce in different states.

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Different States Have Different Requirements

Regardless of where a couple lives, they should ideally file for divorce in the same state they reside in, as it will make the process easier. However, there are a lot of couples who live in different states if they have already separated, or if one party had to flee for their own safety. If a couple is filing for divorce in different states, they have to make sure they meet the requirements for initiating divorce proceedings in both states. This requires a lot of research, and it is recommended that each party acquires an attorney if they have not already. That way, they will be less likely to miss something. For instance, if one party lives in Alaska, and the other lives in Tennessee, they will be in for a long and potentially messy procedure. It will make things easier if they get the top divorce attorney in Tennessee and the best attorney in Alaska involved early on.

There Might Be an Issue With Dividing Assets

Depending on the states that the parties reside in, there might be a significant issue when it comes to dividing the assets, especially if the parties do not agree on how they should be split. Some states require that the assets are split down the middle, with a few exceptions taken into consideration depending on the nature of the divorce. Other states have various rules as to how the assets should be divided depending on a variety of factors. If the parties live in states that do not have the same requirements when it comes to dividing the assets, the proceedings might drag out a lot more than they would have if both parties filed in the same state.

The Cooling-Off Periods Vary

If a couple is going through a divorce for the first time, neither party might know that there is a required period before the divorce can be finalized. This is a cooling-off period, and it has been put in place to help bridge the gap between the proceedings and finalization in the event that the couple ends up wanting to reconcile. Different states have different requirements when it comes to the length of a cooling-off period, so if the parties want to reconcile, they need to pay attention to the time periods so the divorce is not finalized before they have a chance at reconciliation.

Divorce is never easy, but filing in different states makes it even more difficult. If a couple is determined to take this route, they will need to know every step before they even file so as to avoid any surprises.

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