Overland Park Divorce Lawyer: Do I Have to Live in the Same State Where My Divorce Case Is Pending?

I’m an attorney on the domestic litigation team at Roth Davies. Today I am going to answer some common questions asked to attorneys in divorce cases. Do I have to live in the state where my divorce case is pending? This is a question that we get often. Due to the residency requirements, the courts only require one party to live in the state of Kansas for at least 60 days preceding the filing of the petition. That means both parties don’t need to physically be present in Kansas, just one party. It is also important to know where the children are residing for home state jurisdiction. That requires at least 6 months of continuous living in that state in order for the courts to make any decisions about the children.


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