In what state should a divorce be filed?

UPDATED: Jun 21, 2015

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In what state should a divorce be filed?

I have been separated from my husband for over 3 years. We married in one state but resided together in another; I have been in a 3rd state since we separated. How do I l go about filing for the divorce?

Asked on June 21, 2015 under Family Law, Virginia


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

Answered 7 years ago | Contributor

You do not for divorce in the state in which you were married unless you currently live there. You file in either the state in which you maintain your legal residence, or in which your spouse maintains theirs. This is because the court needs to have jurisdiction over you.

That's where you file. As for how, each state has its own procedures. You can either google for specific information or consult directly with a divorce attorney in your area.

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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