Can I divorce my wife in her state of residence if I now reside out of state?
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Can I divorce my wife in her state of residence if I now reside out of state?
My wife and I have been separated for 4 years. I am ready to file now but have been living in another state for the last 6 months. We were married in the state in which my wife currently still lives. I don’t expect it to be a simple divorce; I have a girlfriend that has lived with me for 3 years. Can I file and do the paperwork from my state of residence to where I only have to go back to my former state of residence for the hearing?
Asked on May 1, 2012 under Family Law, Nebraska
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
No, you can not file in your wife's state. You must file for divorce in the state in which you reside and meet the residency requirements therein. 6 months is the time frame in most states but it can be more so I would check. The reason for this is that the court in the former state would not have what is known as jurisdiction over you to make a decision since you do not live there. Good luck.
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