What do I need to do to become legally separated, and does it differ by state? If so, do I abide by the rules of the state where I was married or the state where I reside?
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efeuer
ANSWERS: 1
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Laws relating to divorce, "legal separations", or actions for separate maintenance do vary from state to state. Such actions require filing a petition with the court to open a case and a final order or decree approved by the court granting the divorce or separation. It is what happens between the petition and the final decree that gets tricky. Generally, the state in which you reside would have jurisdiction and each state has its own residency requirements. In some states the residency requirement may be as brief as six weeks and in others you may have to live there a year or more prior to filing a petition. Also, if there are children who reside with your spouse in another state, you may need to file where they reside for the court to have jurisdiction to decide custody and support for the children. Further, if you or your spouse are in the military, that may also have an effect on residency requirements. The safest thing for you to do is to contact an attorney who parctices family or divorce law in your area and ask about your particular circumstance.
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