Where can I file for divorce ifI lived in2 states at once?

UPDATED: Sep 8, 2011

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Where can I file for divorce ifI lived in2 states at once?

I have a house in WI where my wife lives. Our marriage has been over for 2 years. I have been working in CA and have a girlfriend now and want to divorce my wife. I went home to WI last at Christmas. All my official business is addressed to WI. I officially ended the marriage last month. Can I file in CA if I had addresses in both WI and CA

Asked on September 8, 2011 under Family Law, California


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

Answered 11 years ago | Contributor

In order to file for divorce you must establish residency in the state in which you wish to file for a certain period of time.  This means that once you establish residency in the state of California for probably 6 months then you can file for divorce even though your wife lives in Wisconsin (Note: Georgia, I believe, is the exception to this rule where both spouses have to reside there to file).  The legal issue this centers around is called jurisdiction.  Once the court has jurisdiction over you then it needs to obtain it over your wife (that has to do with service of the pleadings).  If your wife is consenting and it is an uncontested divorce it will be easier.  If she is contesting the divorce then it will be difficult. Seek legal help.

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