Making The Complex

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Where to file for divorce

Opting for divorce is a hard decision for many, to begin with. The legal proceedings that follow may turn into a lengthy and complex process. You may be as unaware of the legal procedures as the person next door and have many questions regarding the legalities of a divorce procedure. Amongst such questions is determining where to file for divorce.


Once you have made the decision of separating from your spouse, the next step is to file a ‘divorce petition? or complaint with your state court. The divorce petition is the primary document that needs to be filed in court for the proceedings to begin. State courts have jurisdiction over divorce proceedings, and the petition should be filed with a circuit or superior court in the county or district branch. If the superior court of a state has a distinct family court division, then the divorce petition should be filed with that family court division. Further hearings will take place there.

Most states have their own specific residency laws regarding divorce proceedings.  These residency laws require that one of the spouses must have lived in the state and a county or district within the state for a minimum specified time period before they can file for divorce there. For example, the State of California requires that one or both spouses must be living in California for up to 6 months and living in the county or district in which they wish to file for the divorce for at least 3 months.

Divorce proceedings can be quite complex and difficult to understand for the common man. For this reason, it would be best to speak with an experienced divorce attorney. A divorce attorney will guide you through the whole process and ensure that your rights are protected.



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