Where to file for divorce if the spouse’s live in different states?

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Where to file for divorce if the spouse’s live in different states?

I moved from ID to the state of ND in for a job. I now have had a permanent residence here. My wife still lives in ID. Do I need to file for divorce here or in ID?

Asked on January 5, 2012 under Family Law, North Dakota

Answers:

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

Answered 9 years ago | Contributor

I am sorry for your situation.   The general rule for filing for divorce is that the filing party must meet the residency requirements of the state prior to doing so.  So if you are filing for divorce then you must meet the requirements of North Dakota.  Here is the law:

A separation or divorce may not be granted unless the plaintiff in good faith has been a resident of the state for six months next preceding commencement of the action. If the plaintiff has not been a resident of this state for the six months preceding commencement of the action, a separation or divorce may be granted if the plaintiff in good faith has been a resident of this state for the six months immediately preceding entry of the decree of separation or divorce. (North Dakota Century Code - Volume 3A - Chapters: 14-05-17 and 28-04-05).

I would speak with ana ttorney in your area on the matter.  Good luck.


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