If Igot married 13 years ago in 1 state but now live in another, where do i file for divorce?

Asked on November 27, 2011 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry that things have not worked out for you and for your spouse.  The rule is that you file for divorce in the state in which you reside.  Each state has a residency requirement that you must fulfill before you can file for divorce.  It gives the court the ability to make a determination as to you andyour marriage (called jurisdiction).  It is generally a six month requirement. And there may be an additional requirement for the county in which you file (so even if you lived with in the state for 6 months if you moved counties 3 months ago and their requirement was 6 months you would have to wait an additional 3 months).  Here is California's requirement:

A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

Good luck.

 


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