If my wife and I live in different states, where can I file for divorce?

Asked on August 3, 2015 under Family Law, Kentucky


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

Answered 5 years ago | Contributor

You can file in the states in which the both of you have residency. Typically, filing in your home state is best. However, if the laws in which your spouse resdies are more favorable to you, then you can file in their state.

That having been said, you need to be certain that the both of you are in fact legal residents of your respective states. To be certain of your rights, you really should consider consulting directly with a divorce attorney.

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