In what state can a divorce be filed?

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In what state can a divorce be filed?

My husband and I recently sold our house and moved to another state. We are supposed to close on a house here in a week. I am living in another house that I own here as well. However, my husband has now gotten got cold fee about the move so we have decided to divorce. We cancelled the purchase of the one house that we were to close on next week. Do I have to go back to get a divorce or can we do it here since we don’t have an address in our former state of residence? We have been here for about 2 weeks. In what state must our divorce be filed?

Asked on June 11, 2015 under Family Law, Arizona

Answers:

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

Answered 5 years ago | Contributor

While state laws vary, they all set out the details of how to go about getting a divorce, including where to file. However, they all require that you must live in the state for a certain period of time before you can file for divorce there. The time periods vary; it can be from 6 weeks to 1 year. To my knowledge, in no state would 2 weeks qualify you to file in that state, even though you owned a house there, so would probably have to file in the state that you just moved from. It all depends just on how your domicile and/or residence is viewed.

At this point, it’s important to check the laws. It's probably time for you to consult directly with a divorce attorney.


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