Continued from Part 1
What If Both Parties File at Once?
Sometimes you may file for divorce as soon as you gain residency in your new state, only to find out your spouse filed for divorce at the exact same time. However, odds are extremely slim that both parties would submit their paperwork to the court at the exact same moment. Therefore, the courts will evaluate the time and date of each filing and the case will be given to the state in which the papers were first filed. This can lead to frustration but is the fairest way for the courts to proceed with the case.
Hiring a Lawyer
When you are facing an inter-state divorce case, you will need a lawyer just as much, if not more than, you would need one for a local case. Unfortunately, because the laws vary so widely by state and lawyers are only licensed to practice in certain states, you need to hire a lawyer in the state in which the case is filed. Fortunately, many lawyers conduct phone interviews and you may even be able to meet via webcam and video conferencing. This can help you get through your case from afar. Having a lawyer in the local area of the case will also keep you from having to travel back and forth too often. You will still need to appear for court hearings, but your lawyer can handle much of the footwork.
Special Considerations for Out of State Divorces
Getting divorced across different states can create new problems for couples. One of the most important aspects of a divorce that requires special attention is child custody. When two parents live closer together, the options for child custody are virtually endless. Any configuration that works well for both parties can be used. However, when you are dealing with longer distances between states, these situations are more limited. In most cases, one person must be the custodial parent and keep the children throughout the school year. The other parent will often alternate holiday breaks and receive a large portion of time during the summer months. Younger children may visit more frequently for shorter periods until they reach school age.
Another special consideration that is required for out of state divorce is travel expenses, especially when children are involved. Even local custody orders dictate which parent is responsible for transportation at given times. For instance, having the receiving parent pay for a plane ticket is a common agreement. Unfortunately, not everyone can afford to pay for airline tickets several times a year. When you are considering your custody and divorce agreement, it is important to address who is responsible for travel costs. In many situations, the person who moved is the one who will be responsible for travel expenses, especially if the other party can’t afford them.
Getting divorced when you reside in different states can be a difficult process. Because most people don’t see themselves getting a divorce when they initially get married, it can come as a shock when they are facing divorce in the future. Living in different states compounds the issue, requiring individuals to meet residency requirements and to look into the intricacies of filing when the spouse lives elsewhere. It can be more difficult to serve the other individual and to travel for the hearings. However, the difficulties don’t end there. It is also difficult to deal with the distance after the divorce, especially when children are involved. With the right help, you can handle your case more easily. Contact a Glendale divorce attorney at The Sampair Group today by visiting www.sampair.com and schedule a free consultation.