IfI just moved to another state where canI file for divorce?

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IfI just moved to another state where canI file for divorce?

Married in WA, then separated and waiting to get divorced. Have been separated for the last 9 months. She has since moved to CO and I recently moved to OR. No kids together, no alimony, no tax debt together and any debt is separate and will remain so. We both agreed. Can I file for divorce in OR and if I do, is there a waiting period?

Asked on July 21, 2011 Oregon

Answers:

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

Answered 10 years ago | Contributor

In OR, in order to file for a dissolution of marriage, residency requirements must be met in order for the court to accept the case. If the court does not have jurisdictional rights the case will not be heard and eventually will be dismissed. You may file for a divorce in OR if:

  1. The marriage took place in the state and either party is a resident of or domiciled in the state; or
  2. At least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of 6 months prior.

A petition for marital dissolution may be filed only in a county in which the petitioner or respondent resides.

Since you were not married in WA, you will have to await for 6 months to file. However, depending on your wife's residency status you could possibly file in CO.


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