How long do you have to live in a state before you can file divorce?

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How long do you have to live in a state before you can file divorce?

Want to file in OH.

Asked on November 11, 2011 under Family Law, Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Each state has their own rules regarding the residency of a party before filing for divorce.  In addition to a time requirement for the state some counties also require that you reside in their county prior to filing  This is so that the court can obtain what is called jurisdiction over the party filing for divorce, which gives the court the right to make a decision that will alter their marital status. Here is Ohio's law:

The plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint. Actions for divorce and annulment shall be brought in the proper county for commencement of action pursuant to the Rules of Civil Procedure. The court of common pleas shall hear and determine the case, whether the marriage took place, or the cause of divorce or annulment occurred, within or without the state.

Actions for legal separation shall be brought in the proper county for commencement of actions pursuant to the Rules of Civil Procedure. (Ohio Code - Sections: 3105.03)

Good luck.

 


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