In which state I should file for a divorce if I recently moved?

We got married in one state, lived in another until a couple of months ago and now live in a third. We still have licenses in our former state of residence and I am moving back there this week. We have no children and it would be a simple divorce with no spousal support or anything owed to one another.

Asked on December 4, 2015 under Family Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

When filing for divorce, you can do so in either the state in which you have your legal residence or in the state in which your spouse is a legal resident. In this instance, it will be in the state that you are moving back to. That is assuming that you only moved just a few months ago. If it was 6 or more months, you may have established residency in the state in which you now reside.
At this point, you should consult directly with a divorce attorney.

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