Can I file for divorce in one state if I was married another?

UPDATED: Nov 21, 2012

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Can I file for divorce in one state if I was married another?

How can I do it for free?

Asked on November 21, 2012 under Family Law, Texas


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

Answered 10 years ago | Contributor

When filing for a divorce, the state in which you were married is of no consequence. Rather, it is the state in which you live or the state in which your spouse lives that controls. That is of course assuming that you have residency there. Typically, once a person has resided in a jusrisdiction for 6 months or more, residency is established. So the state in which you or your spouse is a resident of, is the state in which you can file.

Virtually, all states have on-line websites that can instuct you how to file yourself. However, there will be a small filing fee.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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