Can I file for divorce in the state I was married in, even if I no longer live there? 31 Answers as of June 28, 2013

I was married in Georgia but a year and a half ago, we moved to South Carolina. Prior to the move, we knew we wanted a divorce but for financial reasons and to be fair, we decided to stay in the same residence until we were ready to file. We shared a home but lived seperate lives. The time has come and we are ready. The divorce is uncontested, everything is agreed on and we want to move on with our lives. We want to know if we can file the divorce in Georgia since we were married in Georgia and spent most of our married life there. South Carolina has a one year separation law and due to our agreement, it is going to cause us an issue to move on with our lives. Any advice will help us.

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Reza Athari & Associates, PLLC | Seth L. Reszko
You must state that you have resided in the State of Nevada for the past six weeks in order for you to obtain a divorce in Nevada. As a result, you need a residence in this State in order for this State to have jurisdiction over your divorce. If you do decide to obtain a divorce, our firm handles these matters and it is possible that a divorce can be granted within three days to two weeks after the paperwork is submitted to the Court.
Answer Applies to: Nevada
Replied: 8/10/2012
Law Office of Charles M. Vacca Jr. | Charles Martin Vacca Jr.
You'd be best to file your divorce where you have lived during past year, as there is a residency law (and it would be more convenient to travel to the courthouse near where you live).
Answer Applies to: Rhode Island
Replied: 8/8/2012
Law Office of Melvin Franke | Melvin Franke
Where is the home state?
Answer Applies to: Missouri
Replied: 6/28/2013
NOLAN LAW LLC | Joshua J. Nolan
As an Ohio attorney, I cannot opine about Georgia or South Carolina law. However, generally, at least one of the parties to a divorce proceeding must be a resident of that State in order to invoke the Court's jurisdiction. Under the facts you provided, it appears that Georgia no longer has jurisdiction over your divorce claim. If you have agreed to all the terms of the termination of your marriage, I suggest that you look into a possible dissolution. South Carolina's waiting period for a dissolution may be shorter than for a divorce.
Answer Applies to: Ohio
Replied: 8/7/2012
Victor Varga | Victor Varga
You file in the state in which you currently reside.
Answer Applies to: Maryland
Replied: 8/7/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    You would have to file in the state where you are a resident and meet the residency requirements of that state.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Typically you can only file for divorce in the state you actually reside. However, there may be a quirk in the law.. check out the law with a Georgia attorney.
    Answer Applies to: Michigan
    Replied: 8/7/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    If neither one of you lives in Georgia you can't file there. Where you were married is irrelevant.
    Answer Applies to: Washington
    Replied: 8/7/2012
    Law Office of Gregory Crain | Gregory Crain
    No.
    Answer Applies to: Arkansas
    Replied: 5/29/2013
    Steven Alpers | Steven Alpers
    That depends on Georgia law. Talk to an attorney from what ever city in Georgia. That person can advise you about Georgia law.
    Answer Applies to: California
    Replied: 8/6/2012
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You must file in the state in which you reside. As for the one year separation law, you can see if they have a waiver. For instance, the law here in IL is that for irreconcilable differences you must be separation for 2 years, however, if you have been separated for 6 months, you can sign a waiver, waiving the 2 year requirement.
    Answer Applies to: Illinois
    Replied: 8/6/2012
    Law Offices of Jayson A. Soobitsky, P.A. | Jayson A. Soobitsky
    You must be a resident of the state of Maryland for more than one year prior to filing for divorce in Maryland.
    Answer Applies to: Maryland
    Replied: 8/6/2012
    John Russo | John Russo
    The short answer is yes check to see if Georgia has any weird statute that may prevent you from going there, but for the most part Georgia has original jurisdiction over the matter, and if you both agree there should be no issue and they should allow you to proceed.
    Answer Applies to: Rhode Island
    Replied: 8/6/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    You usually file in the state you are living in. I am a Michigan attorney and am only familiar with Michigan law. Each state has there own laws.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Law Offices of Frances Headley | Frances Headley
    I am sorry but you will need to consult a Georgia attorney to determine if what you want is possible. Most jurisdictions have a residency requirement.
    Answer Applies to: California
    Replied: 8/3/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    You need to file for divorce in the state you live in. The place of marriage is not relevant since you both apparently now live in SC, that is where you have proceed unless and until you move to some other state.
    Answer Applies to: Colorado
    Replied: 8/3/2012
    Peyton and Associates | Barbara Peyton
    Most states have a residency requirement. If you no longer live in the old state, you can't file there. Call an attorney in the state where you are now living to see what can be done.
    Answer Applies to: California
    Replied: 8/3/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    If neither of you lives in Georgia any longer, then you cannot file here. At least one of you has to be a current resident of Georgia for at least six months.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    Ezim Law Firm | Dean Esposito
    You have to file in the state where either one of you resides. Since both of you reside in South Carolina, you can only file suit in this state.
    Answer Applies to: Louisiana
    Replied: 8/3/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    The length for residency for divorce is up to each state. Many states have a year residency requirement before a divorce can be granted. An attorney can help you find out what the residency requirements are for the states you ask about.
    Answer Applies to: Alaska
    Replied: 8/3/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Georgia requires that at least one of the parties be a resident of that state for a divorce to be filed there. Since neither of you live there Georgia would not have the power to grant a divorce. If both of you have lived in South Carolina for more than three months and still reside there when the divorce case is filed that court would have jurisdiction to grant a divorce. I don't understand why the question is being referred to a Michigan lawyer. If one of the parties now lives in Michigan, that party would be eligible to file in South Carolina if the other party still lives there and has lived there for more than one year. I don't know where you got the information about South Carolina having a one year separation law but my research indicates what I have stated in this answer.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    The Gardner Law Firm, PLC | Brandon Gardner
    You need to discuss this with an attorney in the jurisdiction you wish to file. However, typically there are some jurisdictional/venue requirements that must be met in order to file for divorce. In Michigan, this means meeting minimum residency requirements. You are not limited to filing a divorce in the state where you were married. If you meet the basic residency requirements in Michigan, you may file here.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Law Office of William L Spern | William Spern
    No. You must file for a divorce in the state you are living or last lived where you meet the minimum requirement for filing a divorce.
    Answer Applies to: Michigan
    Replied: 8/3/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Divorce has to be filed in one of the states where the spouses reside.
    Answer Applies to: California
    Replied: 8/3/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We often see that issue here, as divorce lawyers in Augusta, GA. Generally, in order to file for a divorce in Georgia, a party must have been a resident of this state for at least 6 months prior to filing. We recommend you consult with an attorney about all the facts, and your rights. Good luck.
    Answer Applies to: Georgia
    Replied: 8/3/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    No. You file for divorce in the state that you live in now, assuming you meet the jurisdictional requirements.
    Answer Applies to: Nevada
    Replied: 8/3/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    Divorces are filed in the state of your present residence. Georgia has no jurisdiction to grant your divorce.
    Answer Applies to: Rhode Island
    Replied: 8/3/2012
    DEAN T. JENNINGS, P.C.
    DEAN T. JENNINGS, P.C. | Dean T Jennings
    No, you must should file in the state where you reside.
    Answer Applies to: Iowa
    Replied: 8/3/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    This is not a Florida question. You need an attorney in SC. You probably cannot get a divorce in GA because you do not live there.
    Answer Applies to: Florida
    Replied: 8/3/2012
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