My Wife and I are Living in Different States, How Will this Affect my Filing for a Divorce?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“I reside in Arizona my wife resides in Oklahoma with our two kids. I want to file for divorce, is this possible with us living in different states and how will the custody/visitation be decided?”

Question: You surely can file for divorce. Most states would allow for either spouse to file where they have established residency. She might try to change venue. She might have an argument to have issues about the children decided where the children are found (Oklahoma). However, if you serve her papers, and she responds in that Court, then the Court will have continuing jurisdiction to hear the matter.