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Important Things to Know About Residency Requirements and Divorce

Important Things to Know About Residency Requirements and Divorce

When you begin the divorce process, you must understand the rules about where you can file your papers and which court has jurisdiction over your case. These are known as residency requirements.

Before you can file, you must satisfy the basic legal requirement that either you or your spouse have a residence or domicile in that state. The concept of “residence” is simple — it just means that either you or your spouse have been present in the state for a certain amount of time.

“Domicile” is slightly more complicated. More than just being present in the state for a certain period, either you or your spouse must have a permanent, single home in the filing state. To establish domicile, courts consider factors such as where an individual works, votes, banks, has a registered vehicle and where his or her children attend school (if applicable)

Even if you are not able to establish domicile, there is a good chance you will still be able to file for divorce if you meet the residency requirements of the state.

Filing the paperwork

When you are ready to file, you will submit the required paperwork in the state where either one or both of you can establish residency or domicile. If you can establish residency or domicile in multiple states, then you have the option to file for divorce in any of them. In this scenario, it is important to consult with a divorce attorney about where you are most likely to get a favorable outcome.

For more information on divorce residency requirements and filing your divorce paperwork, contact an experienced Long Island family law attorney with Bryan L. Salamone & Associates.

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