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Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
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Hello to whom it may concern. My question is that I me and

Resolved Question:

Hello to whom it may concern. My question is that I me and my wife have been separted since 2003 and I was trying to file for divorce but the state of Alaska will not allow me to file for divorce because they said she had to be there or had to at least had been there for six months but she hasn't. I am currently deployed to Iraq and I was wondering is there anything I can do to get this divorce started and finalized. It's not being contested by either party. Thank you.
Submitted: 5 years ago.
Category: Family Law
Expert:  Attorney & Mediator replied 5 years ago.
Can you clarify why you added Ohio as optional information? Are you in that state? Please clarify, thanks



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Customer: replied 5 years ago.

No I'm not, my wife is. I am currently deployed to Iraq.

Expert:  Attorney & Mediator replied 5 years ago.
Thank you for your reply.

Unfortunately she cannot proceed with the divorce until she has established the residency requirements. Each state has their own time limit so if she has not been in Alaska for the required time, the court will refuse taking jurisdiction. So unfortunately she will have to wait.

Unfortunately there are no other options for civilians.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
ok, i understand that but I need to know what i can do, she will not ever meet the alaska requirements because she is in ohio and has no intentions on going there. i need to know how can this be accomplished in another manor.
Expert:  Attorney & Mediator replied 5 years ago.
Okay, I am very confused. Why is it that you wish to file in Alaska? You cannot file there if you are not living there and she is not residing there. Proper jurisdiction for the divorce would be Ohio, not Alaska or anywhere else unless you were residing in Alaska at the time of filing, since you are not living in Alaska, only way to get divorce is in Ohio. Alaska is in no way going to accept those papers if she does not reside in that state. Proper filing would be in Ohio.



_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
my apologizes for the confussion. i am in the military stationed in alaska, but we are currently deployed. after i tried to file in alaska and they told me they couldn't do it, i'm just trying to see and find out if i can file anywhere else besides alaska.
Expert:  Attorney & Mediator replied 5 years ago.
I see now.

Yes, you can file in Ohio if she has been residing in that state for more six months or more. You or she can do the paperwork and file under the no fault grounds of incompatibility. Now if she has not yet made out the six months in Ohio, then you are going to have to wait until she establishes residency, because the state will not take your divorce papers.

In divorce cases you can only divorce in the state you are residing as this avoids forum shopping.

For military you must still be a resident and meet the requirements, but the requirements are shorter. For Alaska however you would have to be presently stationed there (continuously) for 30 days. This is why they are not accepting your papers.


_______________________________________________

Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Customer: replied 5 years ago.
doi have to be physically present to file or is there a way to do it online?
Expert:  Attorney & Mediator replied 5 years ago.
Ohio does not offer filing online. You can retain a process server to file these for you and then serve your spouse. You can also hand over the paperwork to your spouse for her to file and serve you if neither one is contesting.


Please don't forget to click accept.

_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 5 years ago.
What exactly is a process server and how can I find one? I will not forget to accept.
Expert:  Attorney & Mediator replied 5 years ago.
No problem. A process server is someone in the business of offering several legal services, which consist of filing court papers, serving people with regards XXXXX XXXXX suit, searching court files and pulling court records.


Let me know if you need more help.

_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Customer: replied 5 years ago.
Oh ok, well I'm in Iraq, deployed. Is there a way I can contact a process server from here and try to get the divorce started on my end instead of trying to wait on my wife to do it?
Expert:  Attorney & Mediator replied 5 years ago.
First, a process server will not prepare these documents for you, they only serve, fill, search or pull court records. So I just want to make that clear.

If you need someone to prepare the paperwork, then I would suggest you use legalzoom.com for document preparation.

For filing the forms and then serving them to her you can then hire a process server. You can access a list of servers here for Ohio.


_______________________________________________

Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Legal Disclaimer. The information given by me is not legal advice. You should not and may not rely on anything on this website as legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. I do not provide general or specific legal advice. . I also do not claim to be licensed to practice in the state where this information is being provided. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it’s associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. No part of this disclaimer can be copied or reproduced without the express consent of the owner[lawNinvest]. Thank you.

Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience: Attorney & Certified Mediator
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