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  Divorce Law Jurisdictional Requirements
 

To file for divorce, the plaintiff must meet the residency requirements of the jurisdiction where the divorce is filed. Residency requirements vary significantly from state to state. When the other spouse resides in another state, a local court will typically be able to grant a valid divorce, but may be limited in its ability to divide property or determine custody and child support. It is possible for a spouse who lives in another state to consent to having all divorce-related issues decided by your local court.

If you are concerned that your spouse may be filing for divorce in another state or jurisdiction, you should consult with an attorney about whether it would be appropriate for you to try to file a divorce in your own state. In many circumstances, the divorce will be decided in the state where a complaint for divorce is first filed, which can result in significant difficulty and expense to a spouse who resides in another state.

Even if you have never tried a case—if all of your cases have settled after three long years of discovery—and you have no reason to believe the case before you will be any different, it’s time to change that mindset. You should think of every case as a trial case and start preparing for trial the first day you get the case.

Tuesday, August 11, 2009. In this economic downturn, everyone is talking about alternative fee arrangements and how to get the best value from their outside law firms.

A recent Fourth Circuit Court of Appeals decision, finding that email and telephone communications are insufficient to establish personal jurisdiction over a foreign defendant in a lawsuit asserting tort and contract claims, is causing litigators to once again consider the importance of forum selection clauses.





 

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