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How to determine where to bring a divorce action




The majority of individuals fit into the first category – they have resided, as a couple, in that state for a continuous period of 2 years prior to the commencement of the divorce proceeding. If only one spouse remains in the state for a continuous period of 1 year prior to the commencement of the divorce proceeding and the parties were married in that state, resided in that state as a married couple or the cause of action occurred in that state, they can also bring the action in that state.  If there are incidents where a party is served in a state that does not fall under any of these categories, that party can challenge the jurisdiction of that action and try to get it dismissed in the state that does not have jurisdiction over the couple.

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