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 the 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 attempting to contest as a legal issue that it stays in Illinois. We both bought homes in Indiana, driver’s license issued in the state of Indiana, children go to school in Indiana, and yet he is fighting the above. Please advise. I’m at wit’s end!!! We had one pretrial hearing, and it is continued for 3mos until both parties argue the above he’s claiming it’s a legal issue?????
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 respond to your question correctly.
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