If I was married 3 years ago but moved to another state 1 year ago and my wife moved here 9 months ago, can I file for divorce here in or do I have to file in the state in which I was married?

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If I was married 3 years ago but moved to another state 1 year ago and my wife moved here 9 months ago, can I file for divorce here in or do I have to file in the state in which I was married?

Asked on July 28, 2015 under Family Law, Alabama

Answers:

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

Answered 6 years ago | Contributor

As long as you are both legal residents of the the state in which you are both living, then you would file there. There is no legal requirment to file in the state in which you are married, although it is a common misconception that is where it need be done.

Note: If you and your wife were legal residents of 2 different states, then you could file in either state.


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