Do we file for a divorce where we live now or where we got married? 34 Answers as of July 11, 2013

We were married in a different state and then moved to a new state after a few years. If we are filing for divorce, do we have to file where we originally got married or can we file for a divorce where we live now?

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Fredric H. Aaron, Attorney at Law, P.C.
Fredric H. Aaron, Attorney at Law, P.C. | Fredric Harlan Aaron
You can file either in the state in which you live or the state in which you were married. You should consult an attorney in your home state to make sure the same rules apply there.
Answer Applies to: New York
Replied: 6/15/2011
Law Office of Daniel B. Rubanowitz, APC
Law Office of Daniel B. Rubanowitz, APC | Daniel B. Rubanowitz
In the State of California, if you want to get a divorce, it does not really matter where you were married. Proper venue (i.e., the location in which you file) is established by a statutory residential requirement which gives the Petitioner Spouse (i.e., the person initially filing the Petition for Dissolution of Marriage) the option of filing in the county where he or she presently resides or the county where their spouse resides, so long as the selected venue is where the resident spouse has lived for at least the preceding three months (i.e., the three months prior to the filing of the Petition). You should consult with a family law attorney to help you make this decision. Good luck.
Answer Applies to: California
Replied: 6/15/2011
Gregory T. Buckley, Attorney at Law
Gregory T. Buckley, Attorney at Law | Gregory T. Buckley
As long as you have been living in your new state for at lest 6 months, you should file where you last lived together as man and wife.
Answer Applies to: Florida
Replied: 6/13/2011
Gresham Family & Bankruptcy Law
Gresham Family & Bankruptcy Law | Lillian Suelzle Watson
To answer your question, you file for divorce in the state and county where you live. In Oregon, you need to live in the state for the last six months to file for divorce. If you have not lived in Oregon for six months, you can file a legal separation and changed it to a divorce after the six months residence is effective. Good luck.
Answer Applies to: Oregon
Replied: 6/13/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Ordinarily, "we" don't file for Divorce. Only one party files the Petition, unless it is a joint Petition for Summary Dissolution of Marriage. You file the Divorce in the state in which you reside, if you have satisfied the residency requirements of that state to file for Dissolution of Marriage. In California, you must be a resident of the state for six months and a resident of your county for three months, before you can file to dissolve your marriage.
Answer Applies to: California
Replied: 6/13/2011
    Loveless Law Firm, LLP
    Loveless Law Firm, LLP | Andrea Loveless
    You should file where you currently reside.
    Answer Applies to: California
    Replied: 6/13/2011
    Rice & Co., LPA
    Rice & Co., LPA | Kollin Rice
    Most jurisdictions (Ohio included) have residency requirements for divorce. At least one spouse needs to live in the jurisdiction where you are going to file, and usually has had to live there for a specific minimum period of time. In Ohio, at least one spouse has to have lived in the state for 6 months immediately preceding the filing of the divorce. You need to file where you live or where your spouse lives, not where you were married.
    Answer Applies to: Ohio
    Replied: 6/13/2011
    Fox Law Firm LLC
    Fox Law Firm LLC | Tina Fox
    You file for divorce in the state and county in which you live now. In IL you must have lived in that county at least 90 days from the date of filing. I recommend you hire an attorney to assist you, help you, and protect your rights. There are deadlines and laws that must be adhered to that we are governed by.
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    In Georgia, there is a residency requirement, generally speaking, of six months before a party could file for divorce here. Each state has its own requirements. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Michael Rose Attorney at Law
    Michael Rose Attorney at Law | Michael Rose
    File where you live.
    Answer Applies to: California
    Replied: 6/13/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Divorce is filed where you live.
    Answer Applies to: Texas
    Replied: 7/11/2013
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    File where are living. Place of marriage has no significance.
    Answer Applies to: Colorado
    Replied: 6/13/2011
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You file in the County and State of residence. If you are looking for an attorney and are in my area, please contact me for a free consultation.
    Answer Applies to: California
    Replied: 6/13/2011
    Law Office of Michael W. Bugni
    Law Office of Michael W. Bugni | Jay W. Neff
    Generally, you have to file where you live now. Suppose you were married in Florida and then moved to King County, Washington. Washington law would require you to file for divorce in King County, Washington.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Joanna Mitchell & Associates, P.A.
    Joanna Mitchell & Associates, P.A. | Joanna Mitchell
    You have to file for divorce in the State where you reside and have established residency. Generally, in most states, residency is established after you have resided there for six months. Where you got married is irrelevant.
    Answer Applies to: Florida
    Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    If you have lived in NY for at least a year, you can file in NY. Good luck.
    Answer Applies to: New York
    Replied: 6/13/2011
    Glenn E. Tanner
    Glenn E. Tanner | Glenn E. Tanner
    If you live in Washington, you file in Washington.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    If you have resided in your current state for six months or longer you can file there. If you have children, try to work things out, so the kids grow up in a home with two parents. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Law Office of James Lentz
    Law Office of James Lentz | James Lentz
    Given that you have been in the new state for "a few years" you should file for divorce where you live now.
    Answer Applies to: Ohio
    Replied: 6/10/2011
    Edward Papa, Esq.
    Edward Papa, Esq. | Edward Papa
    Depends on if you satisfy the residency requirements. In NY, you can satisfy residency by one of the following: 1. The parties were married in the state and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 2. The parties have resided in this state as husband and wife and either party is a resident thereof when the action is commenced and has been a resident for a continuous period of one year immediately preceding, or 3. The cause occurred in the state and either party has been a resident thereof for a continuous period of at least one year immediately preceding the commencement of the action, or 4. The cause occurred in the state and both parties are residents thereof at the time of the commencement of the action, or 5. Either party has been a resident of the state for a continuous period of at least two years immediately preceding the commencement of the action.
    Answer Applies to: New York
    Replied: 6/10/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You must file in the state where you have resided for the past six months.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Arnold & Wadsworth
    Arnold & Wadsworth | Brian Arnold
    Depends on your states residency requirements. Most likely it is where you live now.
    Answer Applies to: Utah
    Replied: 6/10/2011
    Beresford Booth PLLC
    Beresford Booth PLLC | S. Scott Burkhalter
    If you live in Washington State, you file in Washington State.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Ashman Law Office
    Ashman Law Office | Glen Edward Ashman
    Where you got married is irrelevant to a divorce. Divorces must be filed where the parties live, assuming they have lived in a state long enough to meet residency requirements for a divorce (in Georgia that is 6 months).
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    If you now live in California, you file there (in the county in California where you now live). If you've not yet lived in California for 6 months, then you can file for legal separation, and then after your file, amend the separation petition into a dissolution petition.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You would file in the state in which you both are currently living.
    Answer Applies to: Georgia
    Replied: 6/10/2011
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