Filing for Divorce in Washington State When You or Your Spouse Move Out of State

Divorce is never an easy process, and it can become even more complicated when one or both spouses move out of Washington State. If you are considering filing for divorce and one of you no longer resides in the state, there are a few things you should be aware of before you begin the process.

Jurisdiction in Divorce Cases

In order for a Washington State court to have jurisdiction over a divorce case, at least one of the parties must be a resident of the state. If both parties live in Washington, the process is relatively straightforward. However, if one or both parties have moved out of state, things become more complicated.

If your spouse moved out of state, but you remain, you can file for divorce in Washington State and serve your spouse with the divorce papers in accordance with Washington State law. This can be a complicated process, and it's important to work with an experienced divorce attorney who can help you navigate the legal system and ensure that your rights are protected.

If you moved out of state and your spouse still resides in Washington, you may be able to file for divorce in your new state of residence. However, this will depend on your new state’s laws – not Washington’s rules for jurisdiction. Note that either way, if your spouse resides in Washington state, you can file for divorce in Washington regardless. Again, it's important to consult with an attorney in your state of residence to determine the best course of action.

Factors to Consider When Filing for Divorce Across State Lines

When one or both parties have moved out of state, there are several factors that need to be taken into consideration when filing for divorce. These include:

• Jurisdiction: As mentioned above, jurisdiction is the most important factor in any divorce case. If neither party is a resident of Washington State, the court may not have jurisdiction.
  
  
• Property Division: Washington is a community property state, which means all assets acquired during the marriage are generally presumed to be joint property. If one or both parties moved out of state, it may be more difficult to divide assets and property. You may need to work with an attorney in your new state of residence to ensure that all property is properly divided.
  
  
• Child Custody: If you have children and one or both parties moved out of state, child custody and visitation can become more complicated. Instead of a 10-minute drive, you may need to arrange for airfare or long-distance transportation.
  
  
• Spousal Support: Spousal support, or alimony, can also be more complicated when one or both parties have moved out of state. Knowing which state protects your interests best is a unique challenge.

Working with an Experienced Divorce Attorney

If you or your spouse has moved out of Washington State, and you are considering filing for divorce, it's important to work with an experienced divorce attorney who can help you navigate the legal system and protect your rights. At the law offices of Magnuson Lowell, PS, we have extensive experience handling divorce cases involving out-of-state parties, and we can help you achieve the best possible outcome for your case.

Whether you are seeking a divorce, custody of your children, or a fair division of property, we are here to help you every step of the way. Contact us today to schedule a free case evaluation and learn more about how we can assist you.

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