Ifmy husband and I married 6 months ago but I’m now living in another state, in which state can I file for divorce?

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Ifmy husband and I married 6 months ago but I’m now living in another state, in which state can I file for divorce?

Plus, neither of us are living in the house we were renting. Can I file an online divorce from my state or do I have to file it from the original state of marriage?

Asked on October 28, 2012 under Family Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You file for divorce in the state in which you meet the residency requirement.  Where you actually live.  You list Georgia as the state from which you have written, correct?  Georgia has a 6 month residency requirement but check the county in which you live as well.  It is true that our husband can also file in the state in which he meets the residency requirement.  The state of marriage has no bearing in Georgia.  Good luck.

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the residency requirements of either state.  Some states require that you reside in the state for six months and in a particular county for 90 days before you file.  However, this is not a standardized rule for each state.  If you meet the residency requirements in your new state, you can file there.  If your husband still lives in your old state, then you can file there as well (as long as one of you meets the state's residency requirements). 

Where you lived while you were married or the state where you were married does not control where you can file for divorce.  What controls is where you reside at the time of the filing. 


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