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Home > Law > Family Law   »   Wanting to file for divorce and leave state

 
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Old Nov 5, 2006, 08:17 PM
kim1706
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Wanting to file for divorce and leave state

I was married in Arkansas in June 2006 and have lived with my spouse in Memphis as Tennessee resident since then. Due to irreconcilable differences, I have decided to file for divorce. I also plan to move back to California within the next few weeks. I have very-little money of my own and I would like to ask for some spousal support, so I doubt that the divorce filing will be uncontested. There are no children and my husband is the only one listed on the house deed.

I would love to get the process going by filing in Memphis and having the papers served to him just before leaving the state. I am also aware that if I moved back to CA now without filing, I would have to live in CA for 6 months before I could file there. My family is in CA and continuing to live in Tennessee at this point is not an option.

1. If I file in TN and leave for CA, will I have to ever go back to appear in a Tennessee
court?

2. Would it be a good idea to just go back to CA and wait it out for 6 months? If he
files first, does that weaken my chance of getting support?

3. Any other pros and cons of filing in Tennessee vs. California for my situation?

Thank you.

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Old Nov 5, 2006, 09:02 PM   #2  
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If you file in TN you will have to come back for every hearing, every motion.

Next you have been married only a few months, don't count on support at all, I would not waste my time and money doing it personally.

next even if you wait 6 months, he can object to your filling in California and most likley can force you to have it heard here. You should figure on staying here in TN untill you get your divorce over with.

Best fastest and cheapest way, no fault divorce, don't ask for support and just end the marriage.

In 5 months you and he could not hae changed that much, he and you are who you were when you got married, and in 5 months you could not have given up and lost job skills, education advancement or any needed item to deserve spousal support.
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