A divorce jurisdiction has far-reaching implications for your divorce agreement or ruling. That is why you should be careful if you have the option to use more than one jurisdiction for your divorce. Below are some of the things to consider if you have your eyes set on a specific jurisdiction for your divorce.
Meet Residency Requirements
Nearly all the states have residency requirements that you must meet to divorce. The residency requirement is the period within which you must have stayed in a state to divorce in a state. The period can range from a couple of months to a year. Therefore, before you file a divorce in a state, confirm that you have met the residency requirements so that the court doesn't reject your application.
Consider All Forms of Jurisdiction
Just because a court can issue you a divorce decree doesn't mean that it can handle all aspects of your divorce. For example, if you meet the residency requirements of one state but have substantial properties in a second state, the first state might not have jurisdiction to handle your property division issues. The same thing applies if your children have not lived in your state for a long time; in such a case, the state where the children have been living has child custody and support jurisdiction. It is wise to choose a jurisdiction that can handle all or nearly all of the issues in your divorce.
Consider Divorce Expenses
Depending on the circumstances of your divorce, the jurisdiction may determine some of the financial expenses of your divorce. For example, if you choose a jurisdiction far from your current residence, you may have to incur considerable travel and lodging expenses. Meeting with lawyers, making court appearances, and meeting with your spouse is expensive if the meetings are not near your current residence.
Consider Divorce Laws
Divorce laws vary by state so you should also consider the various laws of the states you are considering for your divorce. Choose a state whose laws are the best fit for the issues important to you. For example, if property division is important to you, choose a state with strong property division laws that align with your views and beliefs.
Once you have settled on a jurisdiction, note that you will only be able to proceed if you are the first one to file for divorce. If your spouse beats you to the punch and files for divorce in a different jurisdiction, you will have to proceed with the divorce in your spouse's chosen jurisdiction. For more information, contact an office like the Law Office Of Leonard Ernest Kerr.