Question #6: We married in Washington DC 15 years ago and now live in France. We have three kids. We have been living separately for about a year. Neither of us feel a rush to get a divorce but it seems inevitable and it would probably help now to clear up the legal issues surrounding this and also the associated unresolved (or “unformalized’) financial and parenting issues. Where should we start? Neither of us are keen to start this in France. So where should we get divorced…what are the implications, and can we get a lawyer to help prepare the way by drawing some kind of separation agreement?

Most states have residency requirements before it will accept jurisdiction over a divorce matter. A couple cannot simply select the most convenient forum to initiate a divorce proceeding. New York State, for instance, has a one year residency requirement before it will accept jurisdiction over a divorce matter. You should definitely consult with an attorney in the jurisdiction you prefer to see if the courts will accept your matter. In any case, however, you should consult with an attorney experienced in matrimonial matters in the jurisdiction which will determine your divorce.
Leonard M. Weiner, Esq./Divorce Solutions