In what state should a divorce be filed?

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In what state should a divorce be filed?

I have been separated from my husband for over 3 years. We married in one state but resided together in another; I have been in a 3rd state since we separated. How do I l go about filing for the divorce?

Asked on June 21, 2015 under Family Law, Virginia

Answers:

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

Answered 5 years ago | Contributor

You do not for divorce in the state in which you were married unless you currently live there. You file in either the state in which you maintain your legal residence, or in which your spouse maintains theirs. This is because the court needs to have jurisdiction over you.

That's where you file. As for how, each state has its own procedures. You can either google for specific information or consult directly with a divorce attorney in your area.


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