While some people choose to divorce when they live in the same household, this is not always the case if you separate beforehand. What if your spouse moved out of state after you separated? It can become more complex when you are divorcing someone from out of state. After all, different states have different divorce laws.

If you and your spouse decided to divorce, here is what you need to know about divorcing while he or she is out of state.

Will You Have to Move?

One of the biggest concerns that couples have is that one of them will have to move to be able to complete the divorce. This isn’t true. As a top divorce attorney like one from Brandy Austin Law Firm, PLLC can explain, you do not have to move back to the state that issued your marriage license and you do not have to move to your spouse’s state to file. Only one of you has to file and you would do so in the state that you have residency.

Every state has different residency requirements. Keep this in mind when you are trying to decide who can file for divorce. If you or your partner recently moved, you may not meet the requirements for residency.

Will There Be Jurisdictional Issues?

No matter which state you choose, the state will have the ability to grant a divorce. The court does not have to have jurisdiction over you or your spouse. It only has to have jurisdiction over the marriage. Now, if you file for divorce but have property in another state, then the state would not have jurisdiction over that particular property.

How Can You Choose Which State to File in?

There are a few different factors that may determine which state you file for divorce in. If you and your spouse agree on much of the details of the divorce, then it won’t matter which one of your files. However, every state has its own rules regarding divorce. You may not like one state’s rules on alimony, child support or custody. If you like one state over another, in terms of rules, you can choose to file in that state.

Divorce can be complex, even in the best situations. Amicable couples from the same household can still have difficulties. If you and your spouse live in different states, there are numerous issues to overcome. The best way to move smoothly through the process is to hire a divorce lawyer to help. He or she can discuss with you the different regulations in your state and help you choose how to progress with the divorce.