If I’d like to get divorced but have moved, in which state do I file?

UPDATED: Sep 30, 2022

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If I’d like to get divorced but have moved, in which state do I file?

We lived together in one state but have been separated for more than 1 1/2 years and I have lived in another state that entire time. We have 3 minor children together.

Asked on November 23, 2015 under Family Law, Wisconsin


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

Answered 7 years ago | Contributor

You would file in the state in which either you or your spouse has establised legal residence. Typically, you/your spouse must live in a state for about 6 months before you can file there.
At his point, afetr 1 1.2 years, you are a resident of the state in which you are living, so you can file there. However, especially since chldren are involved, you really should consult with a divorce attorney in your area.

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