If I just moved to another state a month ago, where would I file for divorce?

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If I just moved to another state a month ago, where would I file for divorce?

I was in my former state for 2 years.

Asked on December 31, 2012 under Family Law, South Carolina

Answers:

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

Answered 8 years ago | Contributor

You can file for divorce in the state of which you are are a legal resident or in the state in which your spouse resides. In most states it takes 6 months to establish residency. Therefore, in your situation, you are still considered to be a resident ofythe state the you just moved from. So you can't file in your current state (at least not for about another 5 months or so). However, you can file in the state that you used to live in (or where your husband lives if different).


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