Do I file for a divorce in the state where we were married or the state we live in?

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Do I file for a divorce in the state where we were married or the state we live in?

Asked on June 21, 2015 under Family Law, Georgia

Answers:

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

Answered 6 years ago | Contributor

Contrary to popular belief, you do not for divorce in the state in which you were married unless you still live there. You file in the state in which you maintain your legal residence or, if your spouse lives in another state, you can file there (as long as he is a legal resident). The reason is that the court needs to have jurisdiction over at least one of the parties to the action.

For more specific information, you can consult directly with a divorce attorney in your area.


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