Legal Question in Family Law in Idaho
Divorce, which state to file
If a person was married in Washington, lived in Idaho when they separated, but lives in Washington now, and the other party lives in Oregon, where do you file for the divorce?
2 Answers from Attorneys
Re: Divorce, which state to file
You usually must file in the state where at least one party has established their legal residence. Generally, the party initiating the action files in their state of residence. The time period to establish legal residence varies from state to state- in Idaho the required period is six weeks.
Re: Divorce, which state to file
Mr. Cherasia is correct. If you now live in Washington, and have established a legal residence here, e.g., gotten a driver's license, registered your car, etc., and have been here for at least 30 days, then you would qualify for residency in Washington and could file the case in this state. You should speak with a local family law attorney near where you live in this regard.
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