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Where Should You File for Divorce?

By Cynthia Hsu, Esq. on June 08, 2012 | Last updated on March 21, 2019

Where should you file for divorce? This question might be important to those looking to end their marriage. Oftentimes, a state's divorce residency requirements may come into play.

Where you choose to file is important. The state or superior court you file in will hold jurisdiction over any residual issues. This can include issues related to child custody, child support, or future amendments to these agreements.

So it's important to file in a convenient jurisdiction. You wouldn't want to be forced to make a far trek to a different state whenever issues crop up.

All states have certain residency requirements. You typically need to reside in the state for a given period of time before you can file for divorce.

As long as you fulfill this time period, you generally can file for divorce in that jurisdiction. Time periods range depending on the state. Some states require residencies as long as 6 months.

Residency requirements may also vary in other ways. Some states may require that the individual simply be a "resident" in the state. Others may require that individuals be "domiciled."

There are important distinctions between the two. Residency simply requires a person be present in the state. A person can actually hold several different residencies if they travel frequently.

To be domiciled, an individual must have a fixed, permanent home in the state. People can only hold one domicile.

For more information on where to file for divorce, consult an experienced divorce attorney in your jurisdiction. They will likely be able to provide you with more detailed information about your state's divorce residency requirements.

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