Is an Out-of-State Divorce Legally Binding?

Residency is an important issue when discussing court matters, because the state of residency for each spouse determines where he or she can file. Depending on the state in which you reside, residency can be established in either a six-month or a twelve-month period, and the individual in question must maintain a residence in that state and live there for a certain percentage of the year. This is important for individuals who travel often and want to get an out-of-state divorce.

To determine if an out-of-state divorce is legally binding, however, both spouses do not have to live in the same house, or even in the same state. This might be the case for a couple that has been legally separated for a period of time, or a couple where one spouse works in another state, or is in the military. Residency is only an issue for each individual spouse for filing purposes.

This is where it gets confusing. Even if an out-of-state divorce is legally binding, there may be some question as to jurisdiction over matters such as child custody, possessions, assets and debts. For example, if one spouse lives in Texas and files for divorce, the state of Texas will preside over the divorce itself. However, if the state of Texas doesn't have jurisdiction over the non-resident spouse, matters of possession and custody may have to be litigated elsewhere.

In order for those matters to be legally binding in an out-of-state divorce, the other spouse must be served with divorce papers in person, or consent to jurisdiction by one means or another. Examples of consent include abiding the court's rulings from another state, appearing in court in that state or signing an affidavit of service. Of course, he or she has the legal right to refuse to do those things, which is why many divorces get messy.