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Do I have to wait to be a resident of NH for1 year before I file for divorce from husband who's been in MS for7?

Rochester, NH |

I recently left husband. We both lived in MS for over 7 years. I moved to NH to be with family. NH law says I must wait 1 year, MS law says either spouse must be resident for at least 6 months. Do I have to wait, or can I file in MS?

Attorney Answers 2

  1. Under the UCCJEA MS is going to have jurisdiction over any children unless you wait to file until they have been here long enough for NH to become their home state (6 months). You should speak with a local attorney who can review the facts of your case and determine whether it is better to try to proceed now in MS or wait until you can file here.

  2. I agree with Anna regarding custody. However, there may be a way to get the case moving forward in New Hampshire depending on whether or not you have children. I would take a look at the divorce statute, RSA 458. A link to the statute is below.

    Feel free to call me for a consultation as well. I work in the Dover/Rochester area. My office number is 603-865-1918.

    This is an advertisement for legal services. No commentary on this website is intended to be legal advice. No attorney-client relationship is created by using this site. Readers are encouraged to call Attorney Buck for a consultation at 603-635-4090, or seek a referral to an attorney by contacting the NH Bar Association at Attorney Buck is online at

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