My Ex Lives In Another State And I Live Here. How Do I Get A Divorce?

Residency Requirement

According to Oklahoma law, if you live in Oklahoma and your ex lives in another state, you may file a divorce proceeding here in Oklahoma if you meet the residency requirement. To meet this requirement, you or your spouse must have been an actual resident, in good faith, of the State of Oklahoma for at least six months leading up to the filing of the petition. “Actual resident, in good faith” means that, if you moved to Oklahoma from another state, you intend to make Oklahoma your permanent home.

Also, either you or your spouse must have lived within the county in which you are filing for divorce for at least 30 days leading up to the filing.

Military Personnel

If you have been a resident of any United States army post or military reservation within Oklahoma for at least six months immediately before the filing of the petition, you may file for divorce or annulment of the marriage in Oklahoma, or you may be sued by your spouse in Oklahoma for divorce or annulment.

Personal Jurisdiction

Under Oklahoma law, even if your spouse does not still live in Oklahoma, an Oklahoma court may exercise personal jurisdiction over your spouse as long as you still live there and your spouse previously lived there in a marital relationship with you. Likewise, if a parent previously lived in Oklahoma and their child still resides there, a court can have personal jurisdiction over the parent even if they have moved to a different state. This means that as long as you continue to reside in Oklahoma, an Oklahoma court may decide obligations for alimony and child support that are binding on your spouse.

Oklahoma Family Law Attorneys

If you are living in a different state than your spouse, and you want out of your marriage, then you should consult with a family law lawyer who can carefully explain your options and guide you through the divorce proceedings. A family law lawyer can protect your rights and give you the peace of mind in knowing that someone is looking out for your best interests. Inner Vision Legal is devoted to helping individuals with family law matters including divorce, child custody, child support and more. We can help chart the best path forward based on your unique needs and circumstances. Call us or contact us online for a consultation.