It is common for people to believe that they need to get divorced in the state in which they were married. Fortunately, given the mobility of our society, this is not the case. You generally get divorced where you currently live. The person filing for divorce must be a resident of the state. A few states have no minimum length of time that you must have been a resident prior to seeking a divorce, so you could file for divorce on the same day you arrive in the state. Other states require anywhere from six weeks to one year of residency prior to filing for divorce. The most common time period is six months. It is not uncommon for one spouse to move to a different state at the time of separation. In this case, there may be a choice as to where the divorce can be filed.
If you find that you want or need to file for divorce, or respond to such a filing, in a state other than where you live, you will want to find a local (meaning in the state of which you are not a resident) attorney to represent you. If you don’t have contacts there you can count on for a referral, you can consult legal networks or website directories for more information
If there are custody or property issues or both, however, the filing rules are slightly different. There is a uniform law that has been adopted by all states that deals with custody and property: generally people have to file in the state where the kids live and have been for six months. This helps with availability of witnesses. The same is true for property division; usually those cases are filed in the state where the property is located. There is a different uniform law that deals with child support, and it is a little more complicated.
