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Where To File For Divorce?

Divorce is generally filed in the county and state in which the parties reside. The place of the marriage is irrelevant to the filing for divorce, so long as the marriage is a valid legal union.  There is generally a six month residency requirement to establish jurisdiction. Each state mandates that divorce filing occur in the state the parties reside.  If the parties reside in separate states, it is likely it can be filed in either state. Many states (Ohio for example), mandate that divorce filing occur where the Petitioner/Plaintiff resides.  Other states (Kentucky, for example) do not differentiate so long as one party resides therein.  If there are children, the home state of the children should supersede the residence of either party.

KRS 403.822 outlines the standards for Initial child custody jurisdiction. (1) Except as otherwise provided in KRS 403.828, a court of this state shall have jurisdiction to make an initial child custody determination only if: (a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six (6) months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state; or (b) A court of another state does not have jurisdiction under paragraph (a) of this subsection, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under KRS 403.834 or 403.836; and 1. The child and the child's parents, or the child and at least one (1) parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and 2. Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships; or (c) All courts having jurisdiction under paragraph (a) or (b) of this subsection have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under KRS 403.834 or 403.836; or (d) No court of any other state would have jurisdiction under the criteria specified in paragraph (a), (b), or (c) of this subsection. (2) Subsection (1) of this section is the exclusive jurisdictional basis for making a child custody determination by a court of this state. (3) Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child custody determination

If you have questions about jurisdiction or where to file for divorce or custody, contact a family law attorney in your area. For consultation in Northern Kentucky, call Michael Bouldin at 859-581-6453 or email at [email protected].  Call 581-MIKE now.

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