Divorce Jurisdiction: Where You File Matters

So many factors impact your divorce. A huge one is when you decide to file for divorce. Because, as you’ll learn, jurisdiction has a major impact on your case.

How Does the Jurisdiction You Choose Affect Divorce And Child Custody?

If you and your spouse have established residency in a single state, you only really have one option about where to file for divorce.

But if you’ve recently moved, if the two of you live in different states, or even if you own homes elsewhere, all of that influences which state has jurisdiction over your case. Or at least it can.

Different states often have very, very different rules for divorce and custody. In some states, laws even vary by county.

For example, in property division, Oregon follows an equitable distribution model. Washington, on the other hand, is a community property state. This means the two states view and thus divide assets in specific ways.

And that’s just one area where jurisdiction comes into play.

States often differ on custody, the child support formula, spousal support, and more. It may not always have a drastic influence, but you may find one state’s laws favor your case where another’s don’t.

However it works out, it’s an important topic to consider.

Related Reading: How Does Washington Divide Debt In Divorce?

Where You File For Divorce

People often think you have to file for divorce in the state where you married. That’s not true.

You do, however, need to be a legal resident of the state where you file.

Some states require a waiting period after you become a resident before you can file. This keeps people from moving to a new state with favorable laws and divorcing right away, thus gaming the system.

Washington doesn’t work this way, but it does have certain stipulations.

You must be a Washington resident, a member of the armed forces stationed here, or married to a Washington resident or member of the military stationed here. If you check one of those boxes, you can file for divorce here.

When spouses live in different states, this also impacts jurisdiction.

For example, if your spouse lives in California, she can file there. If you both agree, you can file wherever you please.

In most cases, the state where the papers are ultimately filed maintains jurisdiction. This presents something to consider when filing. Timing may also be a factor.

Related Reading: Preparing for a Consultation With a Divorce Lawyer

Jurisdiction And Divorce

So, how exactly does jurisdiction impact divorce? It can play into how financial matters shake out. Often, it influences how much time you spend with your children. In reality, it can and often does sway almost every aspect of the process.

• Division of Property: As mentioned earlier, Washington follows community property principles when dividing assets during a divorce. This is different from Oregon, which uses the equitable distribution model. Community property views all assets acquired during a marriage as equally belonging to both spouses. This has a significant influence on how courts allocate assets and debts. It’s essential to understand how things vary from one jurisdiction to another.
• Child Custody: Many factors influence custody decisions, and states weigh them all differently. The language often varies from state to state. Some states even allow non-blood relatives to vie for custody in certain cases. Deciding jurisdiction in custody cases is a complex issue, but more on that later.
• Child Support: Child support payments cover a child’s basic necessities. Things like food, shelter, medical care, and education. States generally follow a rigid formula to determine this number. It weighs various factors. You plug certain numbers into an equation, and it produces an amount. But like other areas, variations to the formula occur as you cross state borders, which can cause major changes.
• Spousal Support: Spousal support doesn’t follow a strict formula like child support, but the goal remains similar. It aims to provide financial support for dependent spouses after divorce. In some cases, it only lasts a short time. In others, it continues indefinitely. As you probably guessed, how states approach this varies greatly. Oregon, for example, has three specific types of spousal support. Washington, on the other hand, doesn’t, though payments tend to follow a pattern based on factors such as the length of the marriage, earning potential, and financial need.

How Children Impact Jurisdiction

Children tend to complicate divorce proceedings. Their presence affects things emotionally and financially, and they can even play a role in determining jurisdiction.

We mentioned above how jurisdiction affects custody, but children can also influence where a case takes place.

Spouses can agree to which state has jurisdiction. But when a divorce involves a custody component, that decision isn’t always entirely up to the parents.

Things can get very complicated, which is where the Uniform Child Custody Jurisdiction and Enforcement Act comes in.

Created in the 1960s and adopted by every state by the early 1980s, the UCCJEA establishes rules governing jurisdiction in child custody cases. A complex set of rules and regulations, it establishes the “home state” in these situations.

Under the UCCJEA, courts consider many factors. Where the child has lived for the past six months is a major factor. If a child has significant connections in a state, that also plays a role. In grave circumstances, states can even declare emergency jurisdiction.

The goal is to serve the best interests of the child or children in question. This is already a traumatic time, and the laws aim to best help the children’s well-being. So, though you may want to file for divorce in one state, in certain situations, another state may hold jurisdiction.

These are only a few of the ways in which you file for divorce matters. Jurisdiction can have a major influence on many aspects of ending a marriage. Laws often vary in ways you don’t expect. As such, it’s vital to know the specific rules and regulations that apply to your case.

If you have questions about your divorce, contact Goldberg Jones at our Seattle office. Our experienced attorneys are well-versed in Washington divorce and custody law.

Related Reading: What to Expect From Child Custody Hearings