Tuesday, November 5, 2013

Divorce and State Statute of Limitations




If you are contemplating divorce, one very important piece of information that should be researched before filing for divorce is the Statute of Limitations and the residency laws in your State.  States vary in their laws regarding divorce and Statute of Limitations.

With the exception of  Alaska, S. Dakota and Washington, most States have stringent residency requirements ranging from 60 days to a year. Be sure you know the residency requirements in your State - go to your State Government and search for divorce, then find out what your State requirements are... 

Your divorce isn't legal if you don't work within the Statute of Limitations. These State Statute of Limitations
are etched in stone on residency, serving spouse papers, answering interrogatories and not knowing your State laws just isn't a feasible excuse.  

A good rule of thumb is to file your divorce papers in the State that you reside or you may have the added expense of traveling back and forth from State to State. If spouse lives out of State, you may want to consider filing divorce papers first, because if your spouse files first you will be going to his or her State for the divorce proceedings. 

It's important to remember that each State has their own Statutes of Limitations, residency laws and family laws pertaining specifically to divorce. There are guidelines that must be followed - if you're contemplating or going through divorce, it's your responsibility to apprise yourself of these laws and statutes.

Although divorce is touted as the latest and greatest way to dissolve a marital relationship, one must consider the consequences of divorce. How will divorce affect you financially?  How will divorce affect your child or children?  Last, will divorce actually relieve you from paying alimony, child support and liabilities?  

Sometimes the grass isn't greener and divorce can have devastating consequences that will affect you for years to come.  

As Always,
Little Tboca
www.caseboss.com




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