Legal Definitions - ex parte divorce

An ex parte divorce is a type of divorce granted by a court when only one of the spouses has a legal residence (known as domicile) in the state or jurisdiction where the divorce is filed. This means the court has the authority to end the marriage itself, even if it does not have the legal power (personal jurisdiction) over the other spouse or if the other spouse has never lived in that particular state. The spouse initiating the divorce must meet the specific residency requirements of that state, which typically involve living there for a certain period before filing.

Here are some examples to illustrate this concept:

• Example 1: Long-Distance Separation

  Scenario: Sarah and Mark were married in New York. After several years, Sarah moved to Florida, established residency, and lived there for two years. Mark, however, remained in New York and has no intention of moving to Florida. Sarah decides to file for divorce in Florida.

  Explanation: This would be an ex parte divorce because only Sarah is a resident of Florida. The Florida court has the power to dissolve the marriage because Sarah meets its residency requirements, even though it does not have personal jurisdiction over Mark in New York. The divorce decree would legally end their marriage, but the Florida court might not be able to make decisions about issues like spousal support or division of property located in New York, as that would require jurisdiction over Mark.

• Example 2: International Relocation

  Scenario: David, a U.S. citizen, married Elena, a foreign national, while they were both living abroad for work. After several years, David returned to his home state of California, established residency, and lived there for over a year. Elena, however, remained in the foreign country and has no ties to California. David wishes to divorce Elena.

  Explanation: David can file for an ex parte divorce in California. Because David meets California's residency requirements, the California court has the authority to terminate the marital status. However, since Elena has never lived in California and is not subject to its courts, the California court cannot issue orders directly affecting Elena's personal obligations, such as requiring her to pay spousal support or dividing property located outside of California.

• Example 3: Unlocatable Spouse

  Scenario: Maria married John in Texas, but they separated many years ago, and John's current whereabouts are unknown. Maria has since moved to Arizona, established residency, and lived there for three years. She wants to finalize her divorce.

  Explanation: Maria can pursue an ex parte divorce in Arizona. Even though John cannot be located and has no connection to Arizona, the Arizona court can dissolve the marriage because Maria has met the state's residency requirements. The court would likely require Maria to demonstrate that she made diligent efforts to locate John and notify him of the divorce proceedings, often through publication in a newspaper. The divorce would legally end their marriage, but the Arizona court would not be able to issue orders regarding property division or support that would require personal jurisdiction over John.