Where do I file for divorce if my spouse and I live in different states?

I’m from Wisconsin but have been living
and working in Texas since July 2014.
My spouse still lives in Wisconsin with
our children. We married in 2000 but in
2012 decided our marriage was over. My
question is where can I file for
divorce? Can I file here in Texas or do
I have to file in Wisconsin?

Asked on January 21, 2017 under Family Law, Texas


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

Answered 4 years ago | Contributor

You can file either in the state of which you are a legal resident or the state in which your spouse has legal residency. That having been said, since children are involved, you should consult with a divorce attorney. They can best advise you further, including which state has the laws most favorable to your case.

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