Mar 03, 2015

When an ex-parte divorce happened, it's because one spouse has set up residency in another state. If the divorce was filed in the state where they have legal residency, an ex-parte divorce may be granted.

An Example

A couple meets in Detroit, Michigan and they date for a few years. Then they get married and live in the Detroit area for five years as a married couple. In the sixth year, one of the partners receives a job offer in Chicago. The partner takes the job and relocates with the goal of the other spouse following a few months later.

After moving to the new city and state, it's discovered that the spouse still living in Detroit has been having an affair and is unsure if he/she wants to move to Chicago. The affair continues and the potential move to Chicago gets put off.

After a year, they still live in separate stats and the spouse in Chicago files for divorce in Chicago. As long as he/she is a resident of the new state, an "ex-parte divorce" may be granted.

This type of divorce can also happen if the couple separates and one moves out of state to be closer to family. It can also happen when somebody in the military is deployed and the spouse is left behind in a different state than where they were living.

Why is Ex-Parte Divorce so Troubling?

Since the couple is now living in separate states, splitting assets can become very difficult. Child custody and visitation can also be a very difficult situation. Whenever a spouse moves out of state with the children, the child's state of residency will end up determining the child custody and child support. Of course, this all depends on the laws of the new state, but child visitation can become a big issue for the parent that stayed behind.

It's important to keep a spouse from leaving the state with the children if there is a separation or a potential divorce looming. Whenever ex-parte divorce enters the picture things can become very messy and can be very difficult for both parties involved.