Categories: DivorceFamily Law

Process of Divorce – Where to File the Claim

The state courts have the power (“jurisdiction”) over divorce proceedings, so the spouse that you want to start a divorce you must submit an initial document called a “petition” or “complaint” to his state court -usually in the county or in the branch of the district of the “Superior Court” or “Circuit”. In some states, the superior court or circuit has a family court that receives requests for the divorce and where the hearing is conducted.

Where to send your divorce documentation

In other states there is no such division, therefore, the divorce petition is sent to the civil court main. In heavily populated areas, the branch of the county or district court of the state can have multiple installations in different sites.

For example, in California state Superior Court deals with divorces and has facilities in every county of the state. California requests that one or both spouses have lived in the state for the previous six months and who have lived in one of the counties of the state during the previous three months. Therefore, a couple who have lived in the county of los Angeles during The past four years will send your divorce petition to the Superior Court of California-County of Los Angeles. Since this court has a large number of facilities in different sites, the(s) person(s) that you want to start a divorce, you should review the site’s online Locator of the Court to be able to determine which is the proper court for your case. Contact the county or to the branch district of his state court for more information about the site to which you must send your divorce documents.

Residency requirements

Most states have their own residency requirements for people who want to start a divorce in the court system statewide, these rules refer to the amount of time a spouse must live in the state before you can start there your divorce petition. For example, as mentioned above, California requires that one or both spouses who wish to divorce have resided in the state during the previous six months. Other states require that the residence has been between six weeks and a year before the start of your divorce process.

Before you start the process, you will need to comply not only with the residency requirements of your state, but also with the residence of your county or district. Again using California as an example, to be able to start your divorce in the state, you and/or your partner must have resided in the state for six months, and in the county for three months prior. Contact the county or to the branch district of his state court for more information on the site to which you must send your divorce documents.

 

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