Primarily servicing the greater New York City metropolitan area



LEONARD M.WEINER, ESQ, Ph.D.
DIVORCE SOLUTIONS
206 East 38th Street
New York, N.Y. 10016
(212) 370-1660

WHAT DOES IT TAKE TO GET A DIVORCE - JURISDICTION, GROUNDS

Question #109:
Please advise if i was divorced in one state, but my ex and i and all children now reside in another state ( divorce in illinois but live now for past 2 1/2 years in indiana) does jurisdiction
have to remain in the state in which we were divorced.
I'm trying to have the case transferred for illinois to indiana but my ex who has not followed
the decree is trying to contest as a legal issue that it stays in illinois.
we both bought homes in indiana, drivers license issued in state of indiana, children
go to school in indiana and yet he is fighting the above. Please advise i'm at wits end!!!
we had one pretrial hearing and it is continued for 3mos until both parties argue the above
he's arguing it's a legal issue?????

Answer:


Usually the Separation Agreement and the Divorce Judgment discuss the issue of the local court retaining jurisdiction. I would have to review these documents to properly respond to your question.

You should consult with an experienced matrimonial attorney in your county in Indiana to see
whether Indiana law would allow you to enforce the Illinois Judgment in Indiana. It should.

Good Luck!

Leonard M. Weiner, Esq./Divorce Solutions
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