Divorce is almost always a messy procedure. Even if both parties start the process amicably enough, sooner or later, tensions are bound to arise. Things can get even more complicated if the parties in a divorce live in different states.
Determining which state holds jurisdiction is the first hurdle. Fortunately, this tends to be fairly straightforward. Assuming both parties in the divorce have established legal residency in their respective states, it typically comes down to who files first.
The state that the person who files first lives in tends to be the one that has jurisdiction over the proceeding. This will most likely mean that the person living in the other state will have to hire a lawyer in the state with jurisdiction over the divorce, and will probably have to travel there at some point during the process.
In some cases, which state has jurisdiction over the divorce proceeding won’t matter much. This is especially true if there are a limited number of marital assets to divide, and if no children are involved. The more property and other assets there are involved in the case, especially where children are concerned, the more the specific state that holds jurisdiction can matter, as state laws vary widely in these areas.
Aside from that, from a procedural standpoint, the divorce moves along much like it does if both parties live in the same state. It’s just a bit more of a cumbersome and awkward process. All this to say, if your marriage is ending, do not feel that you are bound to remain in the same state with your soon-to-be ex-spouse. You can move. You can get on with your life. Just understand that in doing so, you may open yourself up to a few additional wrinkles and complications where the divorce itself is concerned.
