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The Judge
The Judge, Lawyer (JD)
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Experience:  Active lawyer & former judge with over 30 years experience in family law and business law.
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I want to file an uncontested divorce with minor children and

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I want to file an uncontested divorce with minor children and I live in Kansas, the children and spouse reside in Missouri 100% of the time. Which state must the divorce be filed in?
Hello malachi,

As a practical matter, the divorce should be filed where the children live. Only that state will have jurisdiction to make custody decisions (who gets custody, child support, visitation, etc.)

Theoretically, you could file for divorce in Kansas. But the Kansas court will decline jurisdiction over the children. So you would end up with a divorce and no resoution of any issue with regard to the children.

I hope this answers your question. If there is anything that you do not understand, please let me know and I will be happy to explain further.

In the meantime, please click "Accept" so that I may be paid for my answer and any subsequent follow-ups with you.

Thank you,

The Judge

P.S. I am frequently asked how someone can specifically request that I, personally, answer a question. Here’s how: for new questions in the future, always begin your question with “QUESTION FOR THE JUDGE.”

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