Where to File for Divorce

Filing for divorce tends to be stressful. Even after you've resolved to file for divorce, many questions may remain outstanding. One of such questions is likely, "Where do I file my paperwork?" Here is a brief guide to determining where to file for divorce.

Divorce Jurisdiction

State courts have jurisdiction over divorce proceedings. So, at the beginning of a divorce, the spouse that is interested in dissolving their marriage must file a document called a divorce "petition" or "complaint" with their state court. This court will usually be located in the county or district branch of the state's "superior" or "circuit" court.

In some states, the superior or circuit court will have a specific family court division where the divorce petition is filed and the case is heard. In other states, no specific family court division is designated, so the divorce petition is filed in the main civil division of the superior or circuit court. In heavily populated areas, the county or district branch of the state court may itself have a number of facilities in different locations.

For example, in California the state's superior courts handle divorces. The state's superior courts have specific family court divisions in each county to handle divorce proceedings. California also requires the following:

• That at least one of the divorcing spouses has lived in California for the previous six months, and
• That at least one of the divorcing spouses has lived in the county where the parties want to file for divorce for the previous three months.

So, a couple who has been living in Los Angeles county for the past four years would file a divorce petition in the Superior Court of California -- County of Los Angeles.

You can check a list of state family courts or contact the local county or district branch of your state's court to learn more about where to file for divorce. Be aware that courts with jurisdiction for divorce cases may not be the same as courts with jurisdiction over child custody and visitation cases.

State and County/District Residency Requirements

Most states have their own residency requirements for people who wish to file for divorce in the state's court system. These rules pertain to the length of time a spouse must reside in a state before filing for divorce there. For example, as mentioned above, California requires that one or both divorcing spouses have lived in California for the previous six months. Other states require residency within the state for as little as six weeks to as long as one year before filing for divorce.

Before filing for divorce, you will most likely need to comply with not only your state's residency requirements, but also local county or district residency requirements. Check with the local county or district branch of your state's court to learn more about residency requirements for filing for divorce.

Have Questions About Where to File for Divorce? Get in Touch with an Attorney

Even the easiest divorce can be a profoundly stressful experience. Divorces have many procedural requirements, and it can be challenging to figure out which forms you'll need and where to file. It's best to contact a local divorce attorney who will have experience with divorce procedures and give you advice based on your specific situation.