Often, both spouses still live in the same state, perhaps even the same home, when they decide to divorce. However, if a couple has separated, one spouse may have moved to another state. In that case, jurisdictional law will determine where a divorce can be granted. Divorce law varies from state to state, though, and each state has different rules that govern whether it has jurisdiction over a divorce. Typically, the rules focus on where each spouse lives, and for how long, but other relevant factors may be where they each lived when the marriage broke down, where the couple lived during their marriage, and how long each spouse has lived at his or her current residence. The rules are not always as obvious as they might seem. Moreover, state law about some aspects of divorce, such as alimony, child support, parenting time and the factors affecting asset division can vary significantly. For example, in Massachusetts, child support can extend until a child is 23 years old, so long as the child is attending school full-time, but in New Hampshire child support ends at age 18 or graduation from high school. Therefore, in circumstances where it might be possible for two different states to exert jurisdiction over a divorce, the decision of where and when to file may be crucial, and is an important matter to discuss with your attorney.
posted on February 24, 2016 by
