Can you get a divorce in a different state from where you were married? 19 Answers as of March 22, 2011

Can you get a divorce in a different state from where you were married?

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Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
Yes. You will only need to satisfy the state's residency requirement where you would like to obtain your divorce. In California, you must have lived in the state for 6 months and lived in the county for 3 months to be eligible for a California divorce.
Answer Applies to: California
Replied: 3/22/2011
Arnold & Wadsworth
Arnold & Wadsworth | Brian Arnold
Yes. Check the residency requirements and make sure you have been there long enough to file for the Divorce. We offer free consultations, feel free to give us a call.
Answer Applies to: Utah
Replied: 3/3/2011
Cody and Gonillo, LLP
Cody and Gonillo, LLP | Christine Gonilla
Yes if you have resided there long enough; usually a year.
Answer Applies to: Connecticut
Replied: 3/3/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Absolutely, as long as you meet that State's residency requirements.
Answer Applies to: California
Replied: 3/3/2011
Diana K. Zilko, Attorney at Law
Diana K. Zilko, Attorney at Law | Diana K. Zilko
Yes. The state where you actually reside, is the state that will have jurisdiction over your divorce case. You need to live in the state for at least 6 months, and the county for 3 months. If you have any further questions, please let me know.
Answer Applies to: California
Replied: 3/3/2011
    Maclean Chung Law Firm
    Maclean Chung Law Firm | G. Thomas MacLean Jr.
    Yes you can. You usually have to be a resident of the state (or your spouse) where you want to get a divorce, but the divorce will be valid in all other states.
    Answer Applies to: California
    Replied: 3/2/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    Yes. So long as you meet the residency requirements of the state you wish to file in, then you can file wherever you live. If you need assistance with filing for divorce, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 3/2/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    You can get a divorce in a state other than where you were married. most states have residency requirements for divorce, that is, at least one spouse must have been a resident of the state for the prescribed period of time before they can file divorce. In Ohio, one of the spouses needs to have been a resident of the state for 6 months, and a resident in the county where the divorce is filed for 90 days, before a divorce can be filed. Other states have residency requirements ranging from 30 days to one year.

    If you have children, another issue to consider is whether the state has jurisdiction over the custody of the children. That is a somewhat more complicated question which does not always coincide with jurisdiction over the divorce. If you want to file for divorce and have moved across state lines since the birth of the children, you should bring this issue to the attention of your attorney to ensure that it is properly considered.
    Answer Applies to: Ohio
    Replied: 3/2/2011
    Harris Law Firm
    Harris Law Firm | Jennifer C. Robins
    In Oregon, as long as one of the parties has been a resident of Oregon for six months immediately preceding the filing, the petition may be filed in Oregon, regardless of what state the marriage you were married in.
    Answer Applies to: Oregon
    Replied: 3/2/2011
    Law Office of Tim W. Avery
    Law Office of Tim W. Avery | Tim W. Avery
    Yes.
    Answer Applies to: Texas
    Replied: 3/2/2011
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    Yes. You can only get a divorce in a state where you are a legal resident. The place of marriage is totally irrelevant in determining where you can get a divorce.
    Answer Applies to: Colorado
    Replied: 3/2/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    Yes.

    The state in which you file a divorce case is the state in which you reside, but you must first satsfy that state's minimum residency requirement before you can file a divorce case.

    InCalifornia, the minimum residency requirement is six (6) months. Other states may have different minimum residency requirements. For instance, Nevada's minimum residency requirement is six (6) weeks.
    Answer Applies to: California
    Replied: 3/2/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    In California, you need to be a resident of the state for 6 months, and a resident of the county where you file for divorce for 3 months. If you've not satisfied that residency requirement, then you can file for Legal Separation instead of a Marriage Dissolution (divorce). Then simply amend the Separation Petition into a Dissolution (divorce) Petition once the residency requirement has been met by the elapse of time. If you follow those steps, then you don't have to wait to get rolling on a divorce.
    Answer Applies to: California
    Replied: 3/2/2011
    Law Office of Richard B. Kell
    Law Office of Richard B. Kell | Richard B. Kell
    Yes. However, there is usually a residency requirement of at least six months. Massachusetts' requirement is one year, but I would have to have more information about your situation to determine if MA would have jurisdiction over your divorce. Feel free to give me a call.
    Answer Applies to: Massachusetts
    Replied: 3/2/2011
    Ciccarelli Law Offices
    Ciccarelli Law Offices | Lee Ciccarelli
    Yes you can but there are a number of variables and you should speak to an experienced divorce lawyer. Joshua Janis leads our family law and divorce department.
    Answer Applies to: Pennsylvania
    Replied: 3/2/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    Yes. You have to get divorced where you live now. It has little, if anything, to do with where you had your wedding ceremony.
    Answer Applies to: California
    Replied: 3/2/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    Yes, divorces are normally done in the state you live in no where you were married.
    Answer Applies to: California
    Replied: 3/2/2011
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