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What state do I file for divorce?


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#1 lucky411

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Posted 12 August 2012 - 06:46 PM

I got married in NC and then six months later I got married to the same person in PA. What do I have to do to get divorced? I have two different marriage certificates to the same person what do i need to do?

#2 Ted_from_Texas

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Posted 13 August 2012 - 03:23 AM

For what it's worth, you cannot legally marry the same person twice unless you get a divorce in between. Your first marriage (in North Carolina) is valid, but your second marriage (in Pennsylvania) is not. But never mind. Where you got married is irrelevant. You file for divorce in the state where you live now, or (if different) the state where your spouse lives now. Consult local counsel.

#3 lucky411

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Posted 13 August 2012 - 05:17 AM

she has filed for divorce, but in pa and only with pa marriage certificate. does this mean she will have to refile in order for the divorce to begin or be legal?

#4 Ted_from_Texas

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Posted 13 August 2012 - 05:38 AM

The question posed in the subject line of your message ("What state do I file for divorce?") is misleading. If she's already filed, you cannot file, you can only respond to her suit. If either you or she lives in Pennsylvania, her suit is in the proper jurisdiction and can proceed. The fact that she's citing your (invalid) Pennsylvania marriage doesn't matter because you are in fact married, and where you were married is, as I already stated, irrelevant. In your response to her suit you are free to set the record straight and declare your marriage took place in North Carolina, but that will have no substantive effect on the outcome. Consult local counsel.

#5 Guest_FindLaw_Amir_*

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Posted 13 August 2012 - 01:54 PM

Once you have considered the relevant factors and have decided to file for divorce from your spouse, you will need to learn how it works. You may want to visit the Family Law Center: Divorce and read How to Divorce. If you have not done so, you may want to consult with a local Divorce Lawyer to advise you further on your divorce proceeding.




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