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Where Should You File for Divorce?

 Posted on September 15, 2016 in Divorce

Naperville divorce attorneyDid you know that in some cases, people can choose the state in which they would like to file for divorce? Most people file for divorce in the state they reside in, but there are a few factors that may allow a divorcing couple to choose which state when there is more than one option. Why does it matter what state? States have differing divorce laws, so there may be advantages and disadvantages to filing in one state over another. Procedural rules also vary from state to state, and even the fee to file for divorce is different depending on the state, so it is important to consider your options if you do have the ability to choose one state over another.

Who Can Choose Where to File?

As stated above, most couples end up filing for divorce in the state they reside in. If, however, a couple owns property in another state, or if the couple already lives apart in separate states, they may be eligible to choose which state in which they would like to file. Couples curious about their filing options should meet with a qualified divorce attorney who can advise them on each state’s laws and the pros and cons of selecting one state over another. Keep in mind that because each state’s divorce laws vary, some states do restrict where you can file for divorce. For example, some states have restrictions on couples even if they have multiple homes in different states. On the other hand, some states require that any decision made about property must be decided in a court in the state where the property is located. Other states require that child custody be determined by the laws of the state where the children reside. The rules and requirements vary so greatly from state to state that it is always best to first consult an attorney.

What to Consider

Couples who do have a choice on where to file should consider a number of factors. First, how long will it take to get a divorce in each state? Most couples want their divorce finalized as soon as possible, so choosing a state with a fast processing time can be a big advantage. Also, consider child support. Some states mandate that child support be paid until the child turns 18, while others require it be paid until the child is 21. Other important issues like alimony and prenuptial and postnuptial agreements are handled differently depending on the state, so take everything into consideration before choosing where to file.

Qualified Divorce Support

Divorce is a complicated process, and with laws varying from state to state, divorce is not something you should jump into alone. In addition to consulting a divorce attorney before deciding where to file, it may be beneficial to meet with a financial advisor as well. Together, an attorney and a financial advisor can help you determine the most advantageous state to file in, if you do have options.

If you are considering divorce and reside in Illinois, speak to a qualified DuPage County divorce attorney at Pesce Law Group, P.C., today. We offer free initial consultations, so call 630-352-2240 today to set up a time to meet with a member of our team. Our attorneys have many years of experience representing clients in a number of different divorce and family law matters.


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