Does Divorce Have to be Filed in the Same State as Where the Marriage Took Place?
No, a divorce does not have to be filed in the same state as where the marriage took place. In fact, you would file for a divorce in the state in which you are a resident. But be careful, states have different requirements for establishing and claiming residency for a divorce, and sometimes counties within a state have their own resident requirements as well. Some states have several ways to establish residency for divorce, but most states have a basic amount of time as the requirement. The proof of residency requirements can be for the person filing for divorce, or sometimes only one or the other party must meet the divorce residency requirements. For example, here are a few of the state’s and their time requirements;
Nevada, Idaho: 6 weeks with no county restrictions or special exceptions.
Kansas, Arkansas: 60 days with no county restrictions or special exceptions.
Arizona, Missouri, Illinois, Montana: 90 days with no county restrictions or special exceptions.
Florida, Mississippi, New Mexico, Ohio, North, Pennsylvania, Tennessee, North Dakota, Virginia, Oklahoma, Louisiana: 6 months with no county restrictions or special exceptions.
Iowa, Massachusetts, South Carolina, Rhode Island: 1 year with no county restrictions or special exceptions.
All the other states have county restrictions and or special exceptions in order to establish residency for filing for divorce.
It is absolutely necessary to be sure you can prove you or your spouse’s divorce residency in the state (and additionally county if required) if you are to have your divorce adjudicated. A court will dismiss a divorce case if it finds it does not have jurisdictional rights.
As every state has its own set of divorce residency requirements, it is wise to check with a Family Law professional before proceeding with your divorce, be it with or without the help of an attorney. If you live in Palm Beach, Martin, St. Lucie, Miami-Dade, Broward, Orange, or Hillsborough county in Florida or Washington DC or New York, Attorney Grant Gisondo can help. He has over a decade of Family Law practice, where he has advised and assisted many satisfied clients through divorce. His office hours are Monday through Friday from 9:00 AM to 5:00 PM and, for new clients, on Saturday from 8:30 AM to 1:00 PM. For question and information about Florida divorce residency requirements and learning how Attorney Gisondo can help with your divorce case, Attorney Gisondo offers a free, initial, in-office consultation where he meets with you personally. You can call his office at (561) 530-4568 to make an appointment.