If I was married and lived in 1 state but have recently moved to live with parents who live in another state, in which state do I file?

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If I was married and lived in 1 state but have recently moved to live with parents who live in another state, in which state do I file?

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Asked on January 26, 2016 under Family Law, New York

Answers:

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

Answered 8 years ago | Contributor

When filing for divorce, you can do so in either the state in which you have your legal residence or in the state in which your spouse is a legal resident. Since you have ony recently moved to live with your parents, you may not yet be a legal resident of their state; typically it takes about 6 months to establish residencey but this varies from jurisdiction-to-jurisdiction. You may, at this point, want to consult directly with a divorce attorney in your area for further advise.


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