If I want to file for divorce, must I file in the state in which I was married?

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If I want to file for divorce, must I file in the state in which I was married?

Or in the state in which I now live; I’ve been here for 3 years.

Asked on July 6, 2015 under Family Law, Texas

Answers:

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

Answered 8 years ago | Contributor

It is a common misconception that a divorce must be filed in the state in which a couple was married. Rather, a divorce should be filed either in the state in which the husband or the wife has established residency, since a court needs to have jurisdiction over at least one of the parties to the action. For more information, you can consult directly with a local divorce attorney.

 


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