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Ask Your Divorce Attorney Medford Oregon Where to File for Divorce

You’ve done a whole lot of soul-searching and decided you are ready to file for a divorce. However, you do not know where to start. There are numerous aspects to consider for which you may have to ask your Medford Law Center divorce attorney for assistance.

Some of these are the preparing of your divorce paperwork, knowing which county, courthouse, or state is the right place to file for a divorce. Besides, the forms would vary from state to state, and county to county.

State Requirements

As we’ve mentioned, divorce laws vary from state to state. Therefore, you need to understand the rules that apply to the state where you live and how they will affect your case. You have to meet the residency requirement of the state you are in before you file for a divorce.

Say you reside in Montana; you should have lived here for at least 90 days before you are allowed to file for a divorce.

In California, your residency requirement is six months, while in New York or Maryland, you need to have lived there for a year before spouses in these states may file for divorce.

Likewise, counties have their divorce rules and legal forms. You need to confirm your county’s local rules before filling out your divorce paperwork. Check your county court website for more information regarding family law filings.

Which Court Will Handle Your Divorce?

Most counties have several state court departments, including a criminal court, family law court, civil court, and traffic courts.

Judges in criminal courts merely deal with criminal trials, and general civil courthouses would handle local lawsuits such as personal injury, breach of contract, and real property litigation. So, you must get your divorce file to your local family court or domestic court.

Filing Procedure

If you’re the one requesting the divorce, you’ll need to file the divorce “petition” or “complaint.” It is an official form that you have to fill out and sign. The forms vary based on where you live, so don’t fill them before you know where you intend to file.

In the divorce petition, you’ll ask a court to end your marriage, but you’ll also have to tell the court why you want the divorce (your “grounds”) and what you desire concerning alimony, custody, a child support obligation, and property.

Most state and county court websites have at least some information posted concerning the paperwork you’ll have to acquire so your divorce case can start. Some courts have family law resource centers, with copies of forms available and volunteer personnel, who will point you in the right direction. For more specific guidance, you should contact a local family law attorney for advice. After you have your paperwork ready, you can surely take it to the court clerk, who will file it for you.

Notify Your Spouse of Your Intention for a Divorce

You have to give your spouse official notice regarding your intention to file for a divorce. You should serve your spouse copies of your petition as well as a summons.

The preferred method of service is in the form of a personal service, where someone would hand deliver a copy of the divorce petition and summons to your spouse.

What if your spouse is hiding, or they can’t be found for some reason? Many courts will allow one to serve the divorce petition by publication.

The court will begin the divorce proceeding and schedule your case for a status conference or hearing the moment your spouse has been notified.

In various states, there would be a “cooling-off” period after which the court will issue a divorce judgment. For example, in California, you need to wait six months from the date you filed for your divorce before you are allowed to get a divorce decree, but in Utah, you only need to wait 90 days. While there is no waiting period in Nevada.

One may file for a divorce without the assistance of an attorney. However, it is highly recommended that you at least consult with a divorce attorney in Medford Oregon to help you figure out where to file, how to complete the appropriate paperwork, and explain to you how the process of filing for divorce works in your state.

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