Can I file for a divorce in one state ifI have lived in another for 3 weeks?

UPDATED: Sep 5, 2010

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Can I file for a divorce in one state ifI have lived in another for 3 weeks?

I have lived in OH my entire life (39 years). I left my husband 5 months ago and remained in OH until 3 months ago when I went to TX to help a friend move. I maintained a PO Box in OH during this time but no physical address. When I returned I rented a place in W Va (just across the river from OH). I have been there for 3 weeks now. Can I still file for divorce in OH. My husband still lives in OH if that makes a difference.

Asked on September 5, 2010 under Family Law, Ohio


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

Answered 12 years ago | Contributor

When filing for a divorce you must eeither file in your state of residence or the other party's state of residence.  Since your husband resides in OH filing there is appropriate.  Additionally, since you have not lived in any other state long enough to establish residency (typically it takes 6 months or so), your are still a resident of OH yourself. Frankly, there really isn't any other state that you would legally be allowed to file in .

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