Where Can You File for Your Divorce?
Before you begin to prepare your actual divorce papers, you need to know exactly where you will be filing for your divorce. Three legal considerations enter into this decision. The first is residency. All states have some type of residency requirement regarding filing for divorce. You may only file for your divorce in the state in which you or your spouse reside. Residency is also referred to in some states as domicile. Both terms refer to the place where you permanently live; the place where you return to after any temporary absence. In general, you must have been a resident of the state in which you wish to file for divorce for some length of time in order for the court to hear your case.
Each state has differing residency requirements and these are shown in the Appendices provided in the Statutes and Laws Category on this site. Some states require that you be a resident for 1 year in the state before you will be allowed to file for divorce. A few states merely require that you actually be a bona-fide resident; there is no time limit specified. In general, you will be allowed to file for divorce in the state in which you were married if you have lived there since marriage or in the state in which you currently reside if you have met the residency requirements as shown in the Appendix. It is not a good idea to move about frequently when you are contemplating divorce, as this may delay your ability to file for divorce in the state and county that you wish.
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