Can I obtain a divorce in the state I was married in but do not currently live? 9 Answers as of December 30, 2011

California is the state I live in but was married in Nevada.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Offices of Frances Headley | Frances Headley
Yes, so long as you have lived in this state for 6 months and the county of residence for 3 months, you can file a dissolution in California. Where you were married is irrelevant.
Answer Applies to: California
Replied: 12/30/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You need to file your divorce in the state and county where you live. You need to live in California for at least 6 months and in the county where you file for 3 months.
Answer Applies to: California
Replied: 12/29/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
Only if your spouse continues to live in the State where you were married. If both parties have left the State of marriage, then the divorce must be filed for in the County and State of residence of one of the parties.
Answer Applies to: California
Replied: 12/29/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
No. The state in whicheither partyresides, not the state in which you were married, is the state that has jurisdiction of a divorce case. You can only seek a divorce in the state whose residency requirements you have satisfied (or your spouse has satisfied). If you have resided in California for over six months, you have satisfied California's residency requirements to file for a dissolution of marriage. If your spouse currently resides in Nevada, your spouse's current residency there may qualify you to file for a divorce there. If you move to Nevada and reside there for the duration of its residency requirement, you can thereafter file for a divorce there. If both parties currently reside in the same state, it is best to file in the state in which both parties reside.
Answer Applies to: California
Replied: 12/29/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
To file for divorce of a marriage in California, either you or your spouse must have lived in California for 6 months, and have lived in the county where you are filing your case for at least 3 months. If you do not meet these residency requirements, you can file for legal separation, then file an amended petition for divorce in the county in which you live once the residency requirements are met.
Answer Applies to: California
Replied: 12/29/2011
    Law Office of Jane E. Ginsburg
    Law Office of Jane E. Ginsburg | Jane Ginsburg
    States have residency requirements to get a divorce. If you are living in California but want a divorce in Nevada you need to check Nevada's residency requirements and then meet them.
    Answer Applies to: California
    Replied: 12/29/2011
    Diana K. Zilko, Attorney at Law
    Diana K. Zilko, Attorney at Law | Diana K. Zilko
    Yes. The county you live in should have jurisdiction, provided you have lived there for that last 3 months, and within California for the last 6 months.
    Answer Applies to: California
    Replied: 12/29/2011
    The Law Office of Erin Farley
    The Law Office of Erin Farley | Erin Farley
    Each state and county has jurisdictional requirements; but in general, you file in the state and county in which either you or your spouse currently live and have been living for at least six months.
    Answer Applies to: California
    Replied: 12/29/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    This will depend on Nevada's laws. You must seek advice from an attorney there. This might ultimately depend on whether the other party lives in Nevada or not. The general rule is that you have to divorce in one of the states where either one of the parties lives.
    Answer Applies to: California
    Replied: 12/29/2011
Click to View More Answers: