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Strategic Divorce

Filling for Divorce in Different States

  • By: Michelle
  • Published: October 18, 2022

Interstate divorce, also known as an intrastate divorce, occurs when one spouse requests to have their marriage dissolved and then lives in a different state from their spouse. This type of divorce is generally easier than standard divorces because each house does not need to gather evidence for the other one. There is no requirement for obtaining a co-habitation license in both states. Typically, the judge conducts an area-code review to determine if one spouse has left the state, which establishes jurisdiction and awareness of this decision. However, there may be cases where neither party is available for an area-code review. An attorney can help you decide on these options.

There are going to be several issues that need to be dealt with throughout your divorce process, including:

  • Custody
  • Visitation
  • Spousal support (also called alimony)
  • Property division
  • Child support
  • Post-judgment actions
  • If some of these issues were not agreed upon or spelled out in the paperwork

How Is Property Handled in an Interstate Divorce?

In an interstate divorce, the property is assigned a value, and then an equitable distribution method is applied. Other factors that affect the equitableness of the distribution method include marital misconduct, adultery, spousal abuse, extramarital affairs, marital property and a spouse’s contribution to the other spouse’s career growth. In the relocation situations, both spouses must look for work opportunities in the state where they intend to relocate. This way, there will be no requirement from one party to transfer all its assets to establish itself in another state. Each party’s support may be adjusted in a way that would leave an equal share of the marital property available for distribution.

How Are Child Support and Alimony Handled in Interstate Divorce?

To decide how child support and alimony are handled in an interstate divorce, a court will consider:

  • The amount of time each parent spent in the state before filing for the divorce
  • Where the children spend most of their time (i.e., where they are now)
  • What percentage of residential and parenting time does each parent have before the divorce
  • Whether one party worked outside of the home in a different state
  • Who was awarded primary custody or what type of custody was awarded
  • If visitation was awarded, what factors were considered to determine how long is awarded and any other relevant circumstances

The court reviews the above factors to determine child support and alimony.

Contact Us Today

It is advisable to get legal counsel when divorcing your spouse. You may need legal help if your spouse is not willing to negotiate a settlement or if you have children. It is also in your best interest to hire an attorney when large amounts of property or debts are involved in your divorce or if there are issues of child custody or support. Strategic Divorce offers qualified and experienced attorneys that guarantee you the best results. Call us at (847) 234-4445 and book an appointment today.

Strategic Divorce

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