where to file?

[IceMountain]

I'm not sure where I can file for divorce and am looking for direction.

My wife and I rented an apt. in Illinois toward the end of June, but I only stayed a couple days before we split up.  Before moving to Illinois we lived in Iowa.  I still have an Iowa driver's license.

I started staying with my parents in Illinois after we split and stayed there for about 3 weeks.  I am now staying with my sister in Wisconsin, where I have been for about a week.  (It's a tri-state area)

My address has not been changed with the post office.

Am I still considered a resident of Iowa?

Where can I legally file for divorce?  

[socrateaser]

>Where can I legally file for divorce?  

You need to be a resident in the state for at least 6 months, in every jurisdiction except one (see below). Or, if the other spouse is a resident of some state for 6 months, then you can file where that spouse resides.

At the moment, it appears that there really is no appropriate jurisdiction, UNLESS...you go to Nevada. There you can get a divorce if you've been there for only 3 days.

This assumes that there is no real property in dispute, and it seems that this is your circumstance, so we don't need to discuss this issue.

[IceMountain]

So does this mean that I have to wait 6 months to file?  Or can I file in Iowa?

[socrateaser]

You can file where you live, but the final judgment of dissolution cannot be entered until you have been a resident there for six months.

[dancurry]

Does that include California? My understanding was that you needed 6 month residency before even filing for a dissolution as stated on the Petition FL - 100.

Also, My understanding is that if there are minor children, that the Specific County Lacks jurisdiction to rule on custody issues prior to the 6 month.

1. Is any of my assumption correct or am I misinformed?



thank you as always.

[socrateaser]

>Does that include California? My understanding was that you
>needed 6 month residency before even filing for a dissolution
>as stated on the Petition FL - 100.
>
>Also, My understanding is that if there are minor children,
>that the Specific County Lacks jurisdiction to rule on custody
>issues prior to the 6 month.
>
>1. Is any of my assumption correct or am I misinformed?

Funny thing about that form. It states a residency requirement of six months and three months in the county of filing. But, the actual statute is as follows:

"FC 2320.  A judgment of dissolution of marriage may not be entered
unless one of the parties to the marriage has been a resident of this
state for six months and of the county in which the proceeding is
filed for three months next preceding the filing of the petition."

The statute doesn't say that you can't file before the six month time limit. It says that judgment may not be ENTERED unless one of the parties to the marriage has been a resident of this state for six months...

So, the law permits a filing prior to meeting the residency requirement, but the court can't finalize the judgment until the residency requirement is met.

Why form FL-100 doesn't provide for the possibility that someone might file for dissolution prior to meeting the residency requirement is a mystery to me, because it's perfectly legal to do so. If you figure it out -- let me know, and we'll both know.

[dancurry]

The Judicial Counsel in all it's wisdom, has a reason for everything. Weather others know that reason seems to be unimportant.

My assumption was clearly not from reading FC 2320.

I"m sure somewhere in Family Code, the issue of Jurisdition must be addressed otherwise we would be seeing a lot more people jumping across borders with children in order to gain custody.

Thanks for your interpretation.

[dancurry]

The Judicial Counsel in all it's wisdom, has a reason for everything. Weather others know that reason seems to be unimportant.

My assumption was clearly not from reading FC 2320.

I"m sure somewhere in Family Code, the issue of Jurisdition must be addressed otherwise we would be seeing a lot more people jumping across borders with children in order to gain custody.

Thanks for your interpretation.