I am a Marine stationed in Albany, NY. I have lived here for about six months. I am a legal resident of Georgia. My wife and I seperated 2 months ago and she is now living in Michigan, but is a resident of California. We have decided to get a divorce. She plans to make Michigan her new home state. How do i get divorced given the situation?
State/Country relating to question: United States
Thanks for the chance to help. I am an attorney with over 12 years military law experienceYou can get divorced in either Georgia or Michigan (though you will have to wait to file until she has been there for 6 months)A divorce can be either contested or uncontestedUncontested; Now the fastest, (and by far the least expensive) way to get a divorce is if you can agree on the terms. If you can agree on "who gets what" there is not a need for attorneys...this will cut the costs to a very small amount (court fees)Contested; if you can not agree, this is a contested divorce. To proceed you need an attorney or need to act as your own attorney (very bad idea). Here the parties present evidence to the court on "who gets what" and the court decides. This take longer and involves attorney fees for both sides. IF you can both agree? I would file in Georgia.Consider using a kit like found at legalzoom.com to file the papers.
Do I need to wait to file in Geaorgia until she meets residency requirements in Michigan? Or can I go ahead and file in Georgia and have her served in Michigan?
You can file in GA today. But recall what I said...if she will not agree to terms? You will need to hire a lawyer to file and prosecute this case.
Retired Marine Corps Lawyer, Veterans Services Officer (VSO)
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