question.jpgIn Divorce Law

Where can I file for divorce?

In order to file for divorce in any given state, you must meet the residency requirement, which differs from state to state. However, most state residency requirements have several traits in common: Either you or your spouse must live in the state in which you file; it is not enough that you were married in the state or that you lived there at one time. And, in some states, the person filing for divorce must be a resident of the state. Furthermore, most state residency laws require that the person claiming residency to have lived in the state for more than a year.

If you live in one state and file divorce there and your spouse lives in another state, that’s where you generally run into problems. If that is the case, your spouse either must consent to divorce in that state, be served in that state, or have some official contact with the state (i.e., a vacation home or a business). If, however, your spouse has nothing to do with the state, will not consent to divorce in that jurisdiction, and cannot be served in the state, then you may need to file elsewhere, i.e., in the state your spouse lives.

Finally, you may qualify to file for divorce in more than one state. Do some research and file divorce in the state with favorable divorce laws, including the available grounds for divorce, how the state divides marital property, and how it awards alimony and child custody.