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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 102505
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Can you have a lawyer file when you are out of state

Customer Question

Can you have a lawyer file for divorce for you when you are out of state traveling?
Submitted: 1 year ago.
Category: Family Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The answer is yes. Provided that the state in which one is filing has either the Plaintiff/Petitioner or the Defendant/Respondent live in it for the required period of time to establish jurisdiction (if not sure, reply and tell me which state), then an attorney can file on behalf of the Plaintiff/Petitioner even while the Plaintiff/Petitioner is out of the state. However if the matter becomes contested, then the Plaintiff/Petitioner may wish to come (back) to the state to deal with the matter and will have to make court appearances.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Customer: replied 1 year ago.
The state would California. Sorry. I have proof that both my wife and I separated in mid January. I left the apartment due to her Borderline Personality Disorder. Became impossible to live with. Will the court honor that date as the day the divorce was initiated. My wife and I have text messages confirming the separation and I have not lived at our apartment since mid January with no intention of coming back, as can be surmised by text messages.
Expert:  Ely replied 1 year ago.

Thank you.

Ca requires that at least one of the parties to the marriage has been a resident of California for six months. If so, then Ca holds jurisdiction for the divorce.

The Court will see the date that the petition for divorce is filed as the date that the divorce began officially.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!