How Can You File for a Divorce if Your Spouse Lives Out of State?

How Can You File for a Divorce if Your Spouse Lives Out of State?

Because each state has its own laws regarding when a couple can file for a divorce, these types of proceedings may be difficult if one of the spouses lives elsewhere. Generally, at least one of the spouses involved in the divorce must be a resident of the state for a certain amount of time before they can submit a petition. If the residency requirement is not met, the court will deny the request.

Meeting Residency Requirements

In Ohio, to file for a divorce one of the spouses must have been a resident for at least 6 months. In addition, the individual must have lived in the county in which they are petitioning for at least 90 days. If neither of the conditions is met, the individual must wait the amount of time it takes to fulfill the state and county residency requirements.

However, if the other spouse lives out of state and has met the residency requirements for that area, the couple may decide to file for a divorce there.

Dealing with State Laws

Each state also has different ways of handling divorce matters, such as child custody or support and property division. The spouses must consider the various laws when determining in which state to petition for their divorce.

Completing and Filing Forms

Under Ohio law, the filing spouse must complete various forms to petition for divorce. These include a Complaint for Divorce, Financial Disclosure Statement, and Parenting Proceeding Affidavit. The person who files must “serve” their spouse with the notice for divorce, and if the other individual lives out of state, send the documents to them by certified mail, registered mail, or process service.

Contact Rion, Rion & Rion for a Free Case Evaluation

Understanding that going through a divorce can be an emotional and complex process, our attorneys will provide compassionate and experienced legal guidance to help you through the proceedings. We have 80 years of combined legal experience, and we know the various laws and requirements for family law cases.

We are ready to provide the legal representation you need. Call us at (937) 223-9133 or contact us online.

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