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ScottyMacEsq, Lawyer
Category: Family Law
Satisfied Customers: 15567
Experience:  Licensed Texas General Practice Attorney
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My wife and I where married in the state of Nevada 10 years

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My wife and I where married in the state of Nevada 10 years ago. We subsequently moved to the state of Wa. We lived in Nevada for 7 years, and the state of Washington for 3 years.
She abandoned me in Washington 6 months ago and moved to California.

My question is which state can I legally file for divorce? We have no children, but do have community assets in Nevada, and Washington.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Washington Filing Requirements: In order to file for a dissolution of marriage in Washington, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows:

When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state.

Petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken will not be acted upon by the court until 90 days has elapsed since the filing and the service of summons on the respondent. (Revised Code of Washington - Title 26 - Chapters: 26.09.010, 26.09.030)

ScottyMacEsq :

For married persons to get a divorce in California:

You MUST meet California’s residency requirements. Either you or your spouse must have lived in:

California for the last 6 months, AND
The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

ScottyMacEsq :

Nevada likewise has a residency requirement, in that one of the spouses has to be a resident to file for divorce ther.

ScottyMacEsq :


ScottyMacEsq :

so you can legally file for divorce in Washington or California, because at least one of the spouses in the marriage live in those states.

ScottyMacEsq :

personally, if I were you, I would file in Washington, as that would be the most convenient place for you to file. The court will have jurisdiction of the community property that's located in and outside of the state, so it doesn't really matter where the property is located, but it does matter where the residences of the spouses are.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

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