Can you actually just move to Las Vegas for a weekend and get a divorce like they do in the old movies? Honestly, the answer is a resounding no for about 99% of people. It’s a total headache. Filing in the wrong place is a recipe for disaster. You cannot simply pick a state with better laws and expect the judge to sign off on your decree without proving you actually live there. It’s impossible.
Thinking about moving out…
A total mess. Every of the clients I’ve worked with over the last twenty years thinks they can just pack a bag and head across state lines to find a “faster” court. (The radiator in this building makes the weirdest clicking sounds during consultations, sorry if that’s distracting). It doesn’t work that way. The legalities is complicated when it comes to “jurisdiction,” which is just a fancy way of saying a court has the power to hear your case. Ugh! If you haven’t lived in the state long enough, the judge will literally throw your case out. It’s frustrating.
When the clock starts…
The six-month rule. In most states, you have to be a resident for at least six months before you can even think about filing a petition. Fairly standard. This is to prevent “forum shopping,” where people try to find the state that will give them the best deal on the house or the kids. It’s strategic. Wait, I should—anyway, let’s stick to the timeline for now. You need to show a “past history” of being in the state. This means physical presence.
Proving you actually live…
Paper trails matter. You can’t just tell the judge you’ve been there since last summer and hope they take your word for it. No way. You’ll need to provide utility bills, a driver’s license, or a lease agreement that shows your “pre-planned advance warning” of intent to stay. It’s tedious. I once had a client who tried to use a gym membership as proof of residency, but they hadn’t actually gone to the gym once in four months—talk about barking up the wrong tree! Phew. The court wants to see that you are actually part of the community. It’s vital.
County versus the state…
The local level. Even if you’ve lived in the state for a decade, you still have to file in the correct county. Crucial. Most counties require you to have lived there for at least 90 days before you can file in their specific court. It’s specific. If you move from one side of the city to the other, you might accidentally reset your clock if you cross a county line. That’s painful. Always check the boundaries.
If you are military…
A different set. Military families are the exception to almost every residency rule in the book. Thankfully. If you are stationed in a state, the law often treats you as a resident even if your “home of record” is three thousand miles away. It’s helpful. This allows service members to file where they are currently serving rather than being forced to travel back to where they grew up. It’s efficient. They have enough on their plates.
Moving during the case…
Staying put. Once you file, you usually shouldn’t move out of the state until the final decree is signed. Generally speaking. While you can move, it makes attending hearings and dealing with “future plans for the future” regarding the kids much harder. It’s exhausting. If you leave, the other side might try to claim you’ve abandoned the jurisdiction. Be careful. It’s a trap.
Missing the residency mark…
Case dismissed. If the judge finds out you lied about how long you’ve been in the state, they will kill the case immediately. Gone. You’ll lose your filing fees, your lawyer’s time, and your dignity. It’s bad. You’ll have to start all over again from square one once you actually meet the requirement. Don’t rush. Patience is key.
Every of the states has its own quirks, like some requiring a full year or others only requiring 90 days. It depends. You need to do your homework before you start packing your boxes, or you’ll find yourself legally tethered to a place you no longer call home.
~~The law is always clear.~~Note: Keep your lease agreement handy!
You will need to gather your leases, bills and taxes to prove you belong. Make sure your licenses, voter registrations, and tax returns all point to the same address.
