What state has jurisdiction over a divorce?
Only the state and county with jurisdiction to hear the case may receive a divorce petition from a couple. You do not need to file in the state that granted your marriage license or even where you reside.
The location and length of residence of each spouse will determine the court’s jurisdiction in your divorce case. While every state has a uniform divorce procedure, different jurisdictions have different procedures and rules that must be followed.
Therefore, if you want to know what state has jurisdiction over divorce, you need to apply for divorce in a particular state, for instance, if:
You don’t meet the conditions for residency.
Before filing for divorce in a state, a spouse must reside there for a specific minimum amount of time. The residence requirement typically only applies to one spouse, and that spouse must complete the necessary documentation for the divorce to be heard.
The first to file is your spouse.
If a marriage is eligible for jurisdiction in two distinct jurisdictions, the state that accepts jurisdiction is where the divorce petition is initially filed. As a result of not having to travel as far to take part in hearings and the trial, the spouse who files for divorce may have an edge in a contentious divorce.
Instead of using a lawyer from their home state, the out-of-state spouse might also need to engage one in the state where the divorce is now being litigated.
Your kids reside in a different state.
Filing in your spouse‘s state could be less stressful for the kids if they attend school there and your spouse satisfies the residency criteria.
However, you should know what the state expects regarding spousal support, child support, and custody arrangements.