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DIVORCE
I AM IN ILLINOIS AND MY SPOUSE IS IN ANOTHER STATE, (SOUTH CAROLINA) I REALIZE THAT I CAN FILE IN ILLINOIS TO DIVORCE HER BUT SHE STILL HAS TO BE SERVED THE PAPERS IN SOUTH CAROLINA
Attorney answers (1)
Jennifer Ronae Lewis Kannegieter Reputation Level 10
Answered about 3 years ago.
Family Law Attorney in Monticello, MN.
A court needs to have jurisdiction over the people and things in the case. This is the power to hear the case and make decisions. If you have met IL's requirements for filing a divorce, an Illinois court will at least have the power to make certain decisions for you, such as the decision to dissolve the marriage. However, the Illinois court may not be able to make decisions regarding property or children in South Carolina. When you have the choice of two different states, it might be helpful to consult with a lawyer to evaluate the facts before choosing which state to bring the action.
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