If I got married in one state but now live in another, can I get a Iegal separation where I reside?

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If I got married in one state but now live in another, can I get a Iegal separation where I reside?

Asked on September 22, 2015 under Family Law, California

Answers:

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

Answered 6 years ago | Contributor

It is a common misconception that a divorce or, as in this case a separation, must be obtained in the state in which a couple was married. The fact is that the proper place in which to obtain either of these is in the county of residence of either spouse. So yes, you would file for a separation in the county in which you or your spouse resides provided that you meet the  legal residencyrequirements typically you must have lived there for 6 months or more.


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