If you and your spouse want to divorce but you live in different states, it is possible to pursue the divorce in Connecticut. If you have already divorced but need to enforce the judgment here, you can do so through the appropriate steps and legal channels. These situations are common, but they raise some complex issues, so it is best to work with an experienced divorce attorney at Dolan Divorce Lawyers. A divorce lawyer in Stamford can help couples where one person resides out-of-state manage foreign family law matters.
You and your spouse must have some connection to the state for a Connecticut judge to issue a divorce decree. Connecticut General Statutes § 46b-44 requires that one of you must have lived in Connecticut for at least one year before the court can finalize the divorce. If one of you lived here at the time of the marriage and later returned intending to make the state their permanent home, the state court has immediate jurisdiction over the divorce. Similarly, if the reason for the divorce took place in the state after either you or your spouse moved here, you can file for divorce, and the court can issue the decree without either spouse fulfilling the one-year residency requirement.
Anyone who lived here when they joined the armed forces or Merchant Marines is also a resident. If you meet this condition, you can file for divorce in Connecticut even if you are currently stationed elsewhere. If you file for divorce here and your spouse lives in another state, you must serve them with the divorce papers. Your spouse may waive formal service by signing a waiver, which can then be filed with the court. If they do not waive service, our Stamford divorce attorneys can arrange for proper service in the state where your spouse resides
When a Connecticut court has jurisdiction over a divorce, Connecticut law generally governs the division of the parties’ marital estate. This can include property located in another state. Although a Connecticut court generally cannot directly change title to real estate located outside Connecticut, it may account for that property in dividing the marital estate and, where it has jurisdiction over the parties, order a spouse to transfer his or her interest in the property.
In child custody matters, jurisdiction is generally determined under the Uniform Child Custody Jurisdiction and Enforcement Act, or UCCJEA. In most cases, custody proceedings should be brought in the child’s “home state,” meaning the state where the child lived with a parent or person acting as a parent for at least six consecutive months immediately before the case was filed. For a child younger than six months, the home state is generally the state where the child has lived from birth. Although courts throughout the country generally decide custody based on the best interests of the child, the specific factors courts consider can vary by state. Connecticut may exercise jurisdiction over an initial custody determination when Connecticut is the child’s home state, as well as in certain other circumstances permitted under the UCCJEA.
Our experienced attorneys in Stamford will determine which law applies to different aspects of your cross-state marital dissolution. We will help you prioritize your goals and create a realistic strategy to help you meet them.
If you have already obtained a divorce in a different jurisdiction, you need to enforce the foreign order in a Connecticut state court. A foreign order is one issued by a family court in another state or a court in another country.
You must obtain a certified copy of your divorce orders from the court that issued them. Your attorney can bring the certified out-of-state divorce orders to the Family Court Clerk at the Superior Court in Stamford. Once the court registers the order, your attorney can bring any actions necessary to enforce it in Connecticut courts.
Legal matters that involve parties in another jurisdiction, such as a different state or country, are complex. A Stamford out-of-state divorce lawyer at our firm can help you navigate interstate legal parameters to ensure your divorce order meets requirements and is enforceable. Contact us at Dolan Divorce Lawyers today and discuss your matter with a knowledgeable legal professional.
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