Family Law AdvisorŪ
Frequently Asked Questions
- State Laws and Filing -
1) Where can I find out about divorce laws affecting my case?
-
All divorce law is found in state statutes and state appeals
court cases. Each state has its own individual laws which vary
substantially from state to state.
2) I have tried reading my state's divorce statutes, but only get
confused.
-
Understandably so. Not only are statutes hard to read, but each
judge interprets and applies these laws differently.
3) So what is a lay person to do?
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You can speak to the clerk in your local court or ask if there is
a lawyer-volunteer or a lawyer willing to do a reduced-rate
consultation.
4) You say "local court," but what court?
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Each state's court system is divided by counties. Your county's
family court has jurisdiction over your case.
5) If I moved out of the marital home to another state or county,
where do I file?
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What you are really asking is what is the appropriate "venue"
meaning location within the state.
6) Enough with your fancy legal words, where do I file?
-
In the county where you last lived together. If neither of you
are still living in that county, you probably can file in the county
where either you or your spouse live. Check with the court clerk.
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