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, 2013I 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.
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
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
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
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
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
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
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
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
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