Can I file for divorce in my county if my husband lives in a different county? 51 Answers as of June 13, 2013

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
If you live in Colorado the answer is yes; but, unless your husband is served in the county where you file, he has a right to have the case moved to the county where he lives. If you do not live in Colorado, you need to consult an attorney where you live because every state has slightly different rules.
Answer Applies to: Colorado
Replied: 9/7/2012
ADELMAN & SEIDE, LLP
ADELMAN & SEIDE, LLP | GEORGE N. SEIDE
Residency to file is 6 months in CA and three months in your county of residence. Venue may be changed if the children live in the other county.
Answer Applies to: California
Replied: 8/27/2012
Victor Varga | Victor Varga
Yes.
Answer Applies to: Maryland
Replied: 5/22/2013
Reza Athari & Associates, PLLC | Seth L. Reszko
You have jurisdiction, if you have resided in Clark County for the past six weeks. You will still have to serve your husband and it won't matter that he lives in another county in Nevada.
Answer Applies to: Nevada
Replied: 8/21/2012
The Law Offices of Dave Hawkins
The Law Offices of Dave Hawkins | Dave Hawkins
Yes.
Answer Applies to: Washington
Replied: 5/24/2013
    Edwin Fahlen Attorney at Law
    Edwin Fahlen Attorney at Law | Edwin Fahlen
    Yes, as long as one person has lived in the State of California for the 6 months, and 3-months in the county previous to filing the dissolution of marriage the case can be filed. If you cannot meet the residency requirements, a case can still be filed. This procedure can be obtained using lawful legal tactics.
    Answer Applies to: California
    Replied: 8/21/2012
    Graves Law Firm
    Graves Law Firm | Steve Graves
    Yes. If he objects to venue in your county and succeeds in having his objection sustained, the case will be moved to his county. It's unlikely to get moved.
    Answer Applies to: Texas
    Replied: 8/21/2012
    Mediation Services of Southwest Florida
    Mediation Services of Southwest Florida | Dennis J. Leffert, J.D.
    Yes you can, but there are rules, so check the rules in your County before proceeding.
    Answer Applies to: Florida
    Replied: 8/21/2012
    Attorney at Law | John P. Rivers
    Assuming you are in Georgia, in most cases a defendant is entitled to be sued in the county of his residence. However, if he changed his residence less than six months ago, the Georgia Constitution allows a divorce to be filed in the county that he left.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    Law Offices of Frances Headley | Frances Headley
    Yes, so long as you meet the residency requirements. Resident of the state for 6 months, the county for 3 months.
    Answer Applies to: California
    Replied: 8/21/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Yes just be aware that the divorce may be moved to the county he lives in.
    Answer Applies to: Nevada
    Replied: 8/21/2012
    Mike Yeksavich | Mike Yeksavich
    I assume you live in OK. If so, the answer is yes.
    Answer Applies to: Oklahoma
    Replied: 8/21/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    In Mississippi a divorce action has to be filed either in the County where the Defendant lives, or in the County where the parties were living when they separated. So if you and your husband were living in your present County when you separated, you can file in that County.
    Answer Applies to: Mississippi
    Replied: 8/21/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    Yes as long as you have lived in California for 6 months and in the county where you plan to file for at least 3 months.
    Answer Applies to: California
    Replied: 8/21/2012
    Law Office of Gregory Crain | Gregory Crain
    Yes.
    Answer Applies to: Arkansas
    Replied: 5/28/2013
    Mary W Craig P.C. | Mary W Craig
    As long as you meet the residency requirements, you can file where you live. Don't worry about where your husband lives.
    Answer Applies to: Alabama
    Replied: 8/21/2012
    Poole & Poole, P.A. | Wesley R. Poole
    The proper venue is the last county where the parties resided together as husband and wife.
    Answer Applies to: Florida
    Replied: 8/21/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    Yes.
    Answer Applies to: New York
    Replied: 5/28/2013
    Peyton and Associates | Barbara Peyton
    Yes if you have lived there for at least 3 months.
    Answer Applies to: California
    Replied: 8/21/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    The proper venue is where the two of you last lived together as husband and wife.
    Answer Applies to: Florida
    Replied: 8/21/2012
    T.K. Byrne | Timothy K. Byrne
    You can but he may request a change of venue.
    Answer Applies to: Mississippi
    Replied: 8/21/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    It depends on whether you had the marital home in your county; if you did and if it has been less than 6 months since he moved to a different county, then you can file in your county. Otherwise, you would need to file in his county.
    Answer Applies to: Georgia
    Replied: 8/21/2012
    Ezim Law Firm | Dean Esposito
    You can file a petition for divorce in the parish that you live in, the one that your spouse lives in or the parish where you last resided together.
    Answer Applies to: Louisiana
    Replied: 8/20/2012
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