Facing Divorce? See what steps you can take to protect what's yours.
Divorce Home » Filing for Divorce » Requirements

Filing Divorce in Another State

In today’s world, people are very mobile. It is not uncommon for a person to separate from their spouse, move to a different state, then file for divorce. But what are the rules for divorcing in a state other than the one you were married in?

Generally, no state will require that you were married within the state in order to obtain a divorce there. Typically, to get a divorce in a certain state, you must be a resident of that state for a certain length of time. Each state has different time limits that you must be a resident of that state before being eligible for divorce under the state law.

Below is a list of the time that you must be a resident of each state before being eligible for divorce.

In order to find out the legal requirements for the state in which you're filing divorce, you can talk to a divorce attorney in that state. Connecting with a local attorney is easy—simply use the form below to get started

State Residency Requirements for Divorce

In almost all cases, the spouse who initiates the divorce proceedings must file in county family court where he or she lives. Many states also require that the filer live in the state where they intent to file for a certain period of time before filing. For more details, see our state residency requirements page.

What if I do not Meet Residency Requirements?

If you have recently moved and do not meet the residency requirements of your new state, there are a few options available to you.

  • Legal Separation: Separation is often a precursor to divorce, and many states waive the residency requirement when granting a legal separation. Typically, separations will include property division, support and other issues common in divorce, which may make the divorce process smoother should you eventually take that next step.
  • File in Your Spouse's State: If your spouse lives in a different state and meets the residency requirements there, he or she may file. However, you will have to appear in that state for each court date—if it is a significant difference, this will require time and money to travel over the course of several months or years.
  • Check for Loopholes: Some states are willing to waive the residency requirements in certain circumstances, such as divorces brought on by adultery or abuse. Check with a divorce attorney in your area to see if you may be able to file immediately, even if you are a new resident to the state.
  • Wait it Out: If none of the above apply, you may choose to wait out the required period before filing divorce. However, you can discuss your options with an attorney during that time. An attorney can still be hard at work during the weeks or months before you can file, collecting important information from you and your spouse so that you'll be able to file when you are eligible.

What if My Spouse Files Divorce in Another State?

Many times, one spouse or another may move to a new state when they first separate to get a fresh start, even before they divorce.

Divorce laws in each state dictate that when a divorce petition is filed in that state, the entire divorce proceeding must be held within that state's courts. That means that you may have to travel across state lines or across the country if your spouse files divorce in another state.

Connect with an attorney in your area today to learn more about divorce laws where you live. Simply fill out the case review form to get started.

Related Information: