{"id":351786,"date":"2016-04-04T11:02:34","date_gmt":"2016-04-04T16:02:34","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/family\/divorce\/where-to-file-for-divorce.html"},"modified":"2023-07-14T14:35:33","modified_gmt":"2023-07-14T19:35:33","slug":"where-to-file-for-divorce","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/family\/divorce\/where-to-file-for-divorce.html","title":{"rendered":"Where to File for Divorce"},"content":{"rendered":"\n
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Where to File for Divorce<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Since each state (and often, counties) establishes its divorce laws, your state law will help you determine where to file your divorce petition.  Typically, you must first establish residency, so that the court can have jurisdiction over your case.  You should check with your local county clerk’s office for more specific information.<\/p>\n

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Filing for divorce can be stressful. There are many questions to answer after reaching your decision. Questions like: Where do I file my paperwork? Where do I get general information about divorce? How do I find court forms? Here is a brief guide to determining where and how to file for divorce.<\/p>\r\n

Filing for Divorce<\/h2>\r\n

In a complex or contested divorce, there are issues of property division, alimony, child support, or other matters. If your divorce process involves any of these issues, you should see a family law attorney.
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Divorce Jurisdiction<\/h3>\r\n

State courts handle divorce proceedings<\/a>. To begin a divorce, one spouse files divorce forms at the county clerk’s office in the courthouse. Most states have a family court division that handles divorces and other family matters. You should file the divorce papers at the courthouse nearest to your residence. You can visit the county court’s<\/a> website to see where to file your divorce documents.<\/p>\r\n

If there are minor children involved in your divorce, you should consult a family law attorney. You can only file a child custody case<\/a> in the state where the child lives. If your spouse lives in another state, you can file for divorce in either state. You must file for child custody where the child lives.<\/p>\r\n

State and County\/District Residency Requirements<\/h3>\r\n

Most states have residency requirements<\/a> for people who wish to file for divorce in the state’s court system. These requirements can range from as few as six weeks in Nevada to a year in New York. Some counties have residency requirements around three or six months. You can ask the court clerk’s office about your county’s residency requirements.<\/p>\r\n

Before filing for divorce, you will most likely need to follow state residency requirements and 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.<\/p>\r\n

Next Steps for Do-It-Yourself Divorce<\/h3>\r\n

If you’re doing your divorce alone, you may be uncertain about what happens next. Some courthouses offer self-help centers that can provide legal forms and explain how to complete the documents. They cannot give you legal advice.<\/p>\r\n

After you’ve completed the documents, you must file them at the proper courthouse and pay a filing fee. You can request a fee waiver if you cannot afford the filing fee. Your divorce case gets a case number. Now you must \u201cserve" the divorce documents on your spouse. This means someone unrelated to the case must give them to your spouse. The server must sign an affidavit of service saying they served your spouse and send the affidavit to the court. This is proof that your spouse has received the divorce documents and will cause the case to start moving forward in the court system.<\/p>\r\n

In an uncontested divorce, the judge sets a court hearing date to review the settlement agreement and divorce judgment with the parties. There may be a waiting period before the judgment becomes final. After that, the couple is no longer married. The divorce decree is with the court, which can take several weeks.<\/p>\r\n

If You Think You Need an Attorney<\/h3>\r\n

Even in a simple divorce, you may need a lawyer to help you. Some signs you may need a divorce attorney include:<\/p>\r\n