Ask a Lawyer - Archive

Can I file for divorce in one state if my spouse lives in another state?

Yes, you can, but it's complicated. By virtue of satisfying your state's residence requirements, you give it jurisdiction over your marriage so that it can declare you and your spouse divorced. However, that doesn't necessarily give your state personal jurisdiction over your spouse, which would be required before your state could, for example, determine custody of a child or divide property.

So unless you can get personal jurisdiction over your spouse, your resolution could be incomplete. There are three ways to get personal jurisdiction over your spouse:
(1) by consent;
(2) by serving your spouse while your spouse is physically in the state; or
(3) by establishing that your spouse has some significant contact (present or past) with your state (the legal term for this is "minimum contacts") such that it would not be unfair to require your spouse to litigate the terms of the divorce in your state.