18 Jul 16

Can an out of state divorce be enforced?

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When a divorced person has moved to a different state they may often wonder whether their divorce may be enforced in that state. Because people often relocate to different states, the law allows people to take action to enforce a divorce judgment entered in a different state. There are specific procedures that must be followed in order to successfully enforce an out of state divorce judgment. If you wish to do this, you should consult with a divorce attorney who is licensed in the state where you wish to enforce the divorce judgment.

Each state has its own laws and procedures that must be followed to enforce an out of state divorce judgment. It is crucial that you follow the appropriate laws and procedures, otherwise the out-of-state judgment cannot be properly enforced in your state. Most states have specific laws that detail what documents must be provided, any notice requirements to the other party, filing fees, and other requirements that must first be satisfied. A divorce attorney will be well familiar with the process and can assist you with taking the proper actions.

Many states will require you to obtain a copy of the divorce judgment that is certified or otherwise authenticated by the court that initially entered the divorce judgment. Because of this, you will most likely need to contact the court where the divorce was entered, request a copy the divorce papers and have them certified. Typically there is a fee to receive certified copies of the paperwork.

After you have obtained a certified copy of the divorce papers, you will need to follow the procedures to have the divorce papers registered in the state where you wish to enforce the judgment. Some states may require that notice be given to the other party so they are aware that you are taking action to enforce the divorce in a different state.

There are many reasons why you may need to register an out-of-state divorce in a different state. Some examples may include enforcement of a child custody schedule, collection of child support or alimony, action to recover property awarded in a divorce, and action to modify child custody when jurisdiction has been established in another state.

Most states have adopted laws to recognize out-of-state judgments that have been properly registered. In matters of child custody and child support comma Most states have adopted the Uniform Child Custody jurisdiction and Enforcement Act, which sets forth rules for child custody matters and makes the laws similar between most states. Child custody orders are some of the most common out of state divorce judgments that are registered in other states. In many cases, the parents and children no longer reside in the state where the divorce was initially entered, so it becomes necessary to have the divorce registered in the new state so that it may be properly enforced or possibly modified when circumstances change.

If you have a divorce that was entered in one state and needs to take action in a different state to enforce the divorce papers or otherwise pursue action related to the divorce, you should seek out a divorce attorney for legal advice. A divorce attorney will be able to explain the various options and will ensure that you comply with all legal requirements to register an out-of-state judgment. An experienced divorce attorney will also be able to help you make informed decisions about what action should be taken and what the possible outcomes may be.

Contact a divorce attorney if you have questions about an out of state divorce or general questions about divorce comma custody comma or child support issues.

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