Where to File your Divorce Case
Talk to Your Attorney About Jurisdiction for Your Divorce in Albuquerque
Where your divorce case is filed is usually a straightforward question. The majority of divorcing couples live in the same city and often in the same county and so where the case is filed will not be contested. It will be filed, of course, in the city and county where the parties reside.
When Your Divorce Can Be Filed in Different Counties
A question about jurisdiction can arise when parties live in different counties. Sometimes a divorce case can be filed in the county where either party resides. In that case, you need to have an early discussion with your attorney about where and when to file your case. Sometimes you can gain an advantage by filing for divorce before your spouse when it comes to the divorce proceeding in a specific county.
Why It Matters Where Your Divorce is Filed
Not often, but sometimes, a divorce case can be filed in two different states. It is rare that two separate states could have jurisdiction in a divorce case, but if your spouse lives in another state at the time of your divorce filing, you should definitely have this discussion with your attorney.
What is a much more important question is in what county your divorce case will be filed? The reason for this is that courts in different counties can have vastly different docket sizes, meaning your case can progress much more quickly or slowly depending on the county. Also, certain counties may contain judges that are more or less sympathetic to the particular facts in your case.
When the Divorcing Parties Live in Different States
State to state jurisdiction in divorce cases is fairly straightforward. You can always file for divorce in any state where your spouse is located. Also, state courts typically have jurisdiction when the parties were married in that state. So, for example, if you married your spouse in New Mexico and resided there for a time, the New Mexico courts would still have jurisdiction over your spouse even if he or she moved to another state after you were married.