Williams Divorce and Family Law
Minnesota Interstate Child Custody and Support
- What is the UCCJEA?
- What is UIFSA?
- What if my case involves one party in MN and one party in another state?
- If one spouse lives in Minnesota and one spouse lives in another state, where should the divorce take place?
What is the UCCJEA?
UCCJEA stands for Uniform Child Custody Jurisdiction and Enforcement Act. Every state in the US has a version of the UCCJEA that provides some consistency among courts in different jurisdictions to deal with interstate child custody cases. The uniform laws make it easier to determine in which court a custody case should be heard, and to rely on the fact that courts in multiple jurisdictions will abide by the same jurisdictional determination.
What is UIFSA?
UIFSA stands for Uniform Interstate Family Support Act. Every state in the US has a version of UIFSA that provides guidance similar to the UCCJEA but with regard to child support instead of child custody. While courts generally prefer to handle all issues in one court, it is possible for the child custody issues and the child support issues to be properly addressed in two different jurisdictions, depending upon the circumstances.
What if my case involves one party in MN and one party in another state?
Interstate divorce, child custody and child support cases involve several bodies of law that deal with the court's jurisdiction to hear cases that involve parties who reside in more than one state. Gerald O. Williams has significant experience in advising clients and other family law attorneys on the best way to proceed with these kinds of cases.
If one spouse lives in Minnesota and one spouse lives in another state, where should the divorce take place?
Someone who lives in Minnesota may seek a divorce if he or she has lived in Minnesota for at least 180 days. The spouse who lives in the other state is subject to that state's law regarding residence requirements. If two jurisdictions qualify, and there are children involved, the divorce often takes place in the state where the children reside. In some cases, it is strictly a matter of which party begins the proceedings first, and where.