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    faithfulme1's Avatar
    faithfulme1 Posts: 2, Reputation: 1
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    #1

    Mar 6, 2009, 08:55 AM
    Married in NY Living in another State want a Divorce
    I was married in New York left my husband of 7months 3 months into the marriage because of mental abuse. I moved to another State. I would like to know where I would file for divorce?
    Perito's Avatar
    Perito Posts: 3,139, Reputation: 150
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    #2

    Mar 6, 2009, 09:15 AM

    Your state of residence.
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #3

    Mar 6, 2009, 09:16 AM

    Welcome to AMHD. You will need to assess in what state you are a resident. Are you a legal resident of NY, or your 'new' state? Also, what issues are involved in your divorce, other that the marital relationship: alimony, child custody, child support, division of property, payment of debts? The general rule is that you would sue for divorce in the county of the defendan'ts residence.
    Check this: "State and County/District Residency Requirements" Where to File for Divorce - Divorce & Family Law Center
    faithfulme1's Avatar
    faithfulme1 Posts: 2, Reputation: 1
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    #4

    Mar 6, 2009, 09:49 AM
    Quote Originally Posted by George_1950 View Post
    Welcome to AMHD. You will need to assess in what state you are a resident. Are you a legal resident of NY, or your 'new' state? Also, what issues are involved in your divorce, other that the marital relationship: alimony, child custody, child support, division of property, payment of debts? The general rule is that you would sue for divorce in the county of the defendan'ts residence.
    Check this: "State and County/District Residency Requirements" Where to File for Divorce - Divorce & Family Law Center
    I heard that I would file in the Stat that I now reside in? I have been here for six months (Georgia).
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #5

    Mar 6, 2009, 10:02 AM
    Quote Originally Posted by faithfulme1 View Post
    I heard that I would file in the Stat that I now reside in? I have been here for six months (Georgia).
    "Copying from the same site: "Can one spouse move to a different state or country to get a divorce?
    If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.

    "Any decisions that court makes regarding property division, alimony, custody and child support, however, may not be valid unless the nonresident spouse consented to the jurisdiction of the court. This can happen if the nonresident spouse shows up at a court date or signs an affidavit of service, acknowledging receipt of the filed legal documents. It can also happen if the nonresident spouse abides by the rulings of the court, for example by paying court-ordered child support." Divorce Requirements FAQ - Divorce & Family Law Center
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