Husband lives in SC and l live in AL. Where do I file for divorce?
Full Question:
What do l do if my husband lives in SC and l live in AL and he is cheating on me. Am l entitled to spousal support
11/06/2016 |
Category: Divorce |
State: Alabama |
#26278
Answer:
The fact of his cheating is not the determining factor of whether you can get spousal support. Courts may or may not consider it as a factor. The factors of whether a person receives spousal support are different for each State.
As far a divorce is concerned, a divorce action could be filed by you in Alabama if you meet the residency requirements. Likewise, he could file for divorce in South Carolina if he meets the residency requirements. However, the fact that either State may be able to enter a divorce, the Court may or may not have the authority (jurisdiction) to address property, child support, child custody, etc. It may address those matters if it has personal jurisdiction of the other party AND if there are children that State is considered the Home State of the children. Or different Courts end up addressing the divorce and child custody and ssupport.
The factors of whether a Court has personal jurisdiction of the defendant are somewhat complicated. There are also "tricks" that can cause a defendant to be subject to personal jurisdiction where the Defendant did not intend to be subject to the person jurisdiction of the Court. One example is where the defendant is served with process while in the State where the action is filed.
Under the Uniform Child Custody Jurisdicton Act, the "home state" of the chidlren is the proper Court to address child custody and child support as well as oher matters dealing with the children. This could also control where the action should be filed.
If you and your spouse agree to all matters to be dealth with in the divorce, you can file in either State or where the children have their home state.
Subject to the issue of the home state of the children, if both States have personal jurisdiction over the other party, the divorce can be filed there and decide all issues dealing with the marriage. In the case, the first to file generally established jurisdiction in that Court and the other State cannot hear the matter.
