Where do I file divorce if I reside out of state? 54 Answers as of July 20, 2012

I want to file separation from my partner. I reside out of state due to work. Can I file in my previous state of residence?

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Salladay Law Office | Lance Salladay
It is the "marital domicile" that determines where you file. If your spouse is still living in the state where the marital domicile is located- where you consider to be home, then that is where you file. If you are only out of state because of work, and do not consider it to be your home- and do not intend to live there permanently, then it is not the state of the marital domicile. If you do consider your "work state" to be your permanent home/residence and you have been there for at least 6 months- intending to permanently reside, there then it may be the state of residence and you can file there. Determining the proper state can be a bit complicated and it is a good idea to get an attorneys help in making that determination.
Answer Applies to: Idaho
Replied: 7/20/2012
Perez-Jenkins Law, LLC | Patricia Perez-Jenkins
Divorce is filed in the state where children live (if there are children) or where the parties reside. In MN you can file for divorce if one of the parties has lived here for 180 days. If he lives here permanently and if you live here also and just live out of state for work, the proper place is likely to be in MN. If you live in another state you will have to look at the rules for divorce in that state. Not all states have the same residency requirements in order to file for divorce.
Answer Applies to: Minnesota
Replied: 7/20/2012
John Russo | John Russo
Depends on how long you have been living out of State. Most jurisdictions have a 1year residency clause, i.e. if you have lived in the State you are currently in for at least 1 year you will be ok filing there, if not then just file in former State as long as your wife is still there. There are a few Sates that have weird laws but for the most part 1 year is fine. And there is always an exception to the rule so make sure you talk to a well versed Divorce lawyer, in my jurisdiction there is a way around the 1 year rule and most good divorce lawyers no matter where they practice will know where the exceptions are. Remember any lawyer can do a divorce, but would you let a real estate lawyer handle your sons DUI matter? Think about it.
Answer Applies to: Rhode Island
Replied: 7/19/2012
Victor Varga | Victor Varga
You can file in the state where you live now (if you have lived there long enough to satisfy the residency requirements), or in the state where your partner resides.
Answer Applies to: Maryland
Replied: 7/19/2012
Law Offices of Maryanne Spryszak-Hanna PC | Maryanne Spryszak-Hanna
You need to check the residency requirements of the state you work in, then the state you "live" in. A good starting point is where you are registered to vote. Another is where you get your mail or where you have your driver's license. Then go from there. I suggest an attorney.
Answer Applies to: Michigan
Replied: 7/19/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    This one can be a bit tricky, and then again it can be simple. If you have established the residency requirements in the state where you live, then you can file for divorce in that state. If you haven't established residency in your state, then you can file in the state and county where your spouse resides.Filing in the state and county where your spouse resides is more than likely going to be proper venue anytime so if you're at odds on where to file, then I would say choose this option. But as always, I would say consult with an attorney before making a decision on any legal issues.
    Answer Applies to: Mississippi
    Replied: 7/19/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Depending on where you and your spouse presently reside, multiple choices of where to file may exist. If you can satisfy the jurisdictional requirements for filing a divorce of the state where you presently reside you can file in that state. If your spouse still lives in the state of Michigan and if he would be eligible to file in that state you would be permitted to file in Michigan even if you don't live there. You mention filing for "separation". There is no such legal procedure. The available remedies for ending a marriage are divorce, annulment, or separate maintenance all of which have different rules and requirements. You should consult with an experienced family law attorney in the state where you reside or in Michigan, if you prefer, to fully explore the options available to you.
    Answer Applies to: Michigan
    Replied: 7/17/2012
    Law Offices of Marshall R. Hoekel, LLC | Marshall Hoekel
    You must live somewhere for 90 days to file in that jurisdiction. If you file in the county where your spouse resides, that would also be a proper place to file. You should consult an attorney to consider the advantages of filing in either location.
    Answer Applies to: Missouri
    Replied: 7/19/2012
    The Law Offices of Dave Hawkins
    The Law Offices of Dave Hawkins | Dave Hawkins
    If you no longer reside in Wa. state, you must file in teh State where you reside which means that states divorce laws would apply.
    Answer Applies to: Washington
    Replied: 7/19/2012
    NOLAN LAW LLC | Joshua J. Nolan
    The answer to your question depends upon the length of time that you have been residing out of state, whether you have established residency in your new state, and whether there is an advantage to you by filing in your new state vs. your old state. Generally, you must reside in a jurisdiction for at least 6 months before you can obtain a divorce from a court in that jurisdiction. I t is always possible for you to seek a divorce in the state where your partner resides (assuming he/she has been there at least 6 months). But, there may be differences in the laws of your two states that would make it advantageous for you to file in one state or the other. For that reason, I strongly encourage you to meet with an attorney to explore these differences.
    Answer Applies to: Ohio
    Replied: 7/19/2012
    Barbara Fontaine, Esquire | Barbara Fontaine
    If your partner has been a RI resident for at least one year, you can file in RI under her/his residence. If you do not live in RI you cannot file under your own former residence.
    Answer Applies to: Rhode Island
    Replied: 7/19/2012
    Peacock Law Group of the Lowcountry, LLC | Richard Peacock
    In South Carolina, the statute that discusses this issue states the following: "In order to institute an action for divorce from the bonds of matrimony the plaintiff must have resided in this State at least one year prior to the commencement of the action or, if the plaintiff is a nonresident, the defendant must have so resided in this State for this period; provided, that when both parties are residents of the State when the action is commenced, the plaintiff must have resided in this State only three months prior to commencement of the action. The terms residents or resided as used in this section as it applies to a plaintiff or defendant stationed in this State on active duty military service means a continuous presence in this State for the period required regardless of intent to permanently remain in South Carolina." There may be interpretations of this statute in case law that alter this mandate. It would be wise to seek legal counsel in regards to these matters.
    Answer Applies to: South Carolina
    Replied: 7/19/2012
    Weinpel Law Office, P.C. | Marc Weinpel
    It depends where you are a resident. If you have an Idaho domicile, drivers license, etc. and have been a resident for 6 weeks you can file in Idaho.
    Answer Applies to: Idaho
    Replied: 7/18/2012
    Grace Law Offices of John F Geraghty Jr.
    Grace Law Offices of John F Geraghty Jr. | John F. Geraghty, Jr.
    First determine what is your state of residence. The place you work is not necessarily your state of residence. Where do you maintain a permanent residence.
    Answer Applies to: Georgia
    Replied: 7/18/2012
    Evan Guthrie Law Firm
    Evan Guthrie Law Firm | Evan Guthrie
    In South Carolina you can file for divorce if it was the last marital residence or if either spouse lives in state for a period of time.
    Answer Applies to: South Carolina
    Replied: 7/18/2012
    Law Office of Rhonda Ellifritz | Rhonda Ellifritz
    You can file where you reside, or your partner resides, but where she resides may be the better choice, but you should consult with an attorney to make that determination. That conversation would be longer than we can have in this forum.
    Answer Applies to: California
    Replied: 7/18/2012
    Law Office of Joan M. Canavan | Joan Canavan
    If you lived in MA when you last lived with your partner, you would file in the county where you last lived together.
    Answer Applies to: Massachusetts
    Replied: 7/18/2012
    Nwokoye Law Firm
    Nwokoye Law Firm | Violet Nwokoye
    The state of Texas require 6 months of residency prior to filling a divorce in the state. Different states have different rules, you may want to talk to an attorney in the state you wish to file, if in Texas the above rule apply. Note: there is no legal separation in Texas but divorce.
    Answer Applies to: Texas
    Replied: 7/16/2012
    Law Office of Gregory Crain | Gregory Crain
    File in state of residence.
    Answer Applies to: Arkansas
    Replied: 7/18/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    It is possible, but you will absolutely need to contact an attorney to help you through the process. It is not easy. I suggest retaining local, experienced counsel at once.
    Answer Applies to: Alabama
    Replied: 7/18/2012
    Alvin Lundgren | Alvin Lundgren
    Generally in the state where uyou lived for the past 90 days.
    Answer Applies to: Utah
    Replied: 7/18/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Unless the parties otherwise agree, and with some exceptions, the divorce should be file where the divorce live.
    Answer Applies to: Georgia
    Replied: 7/18/2012
    Law Offices of Frances Headley | Frances Headley
    You need to first determine where your residence is for jurisdiction purposes. You should consult a family law attorney to help you determine where your residency resides in these circumstances.
    Answer Applies to: California
    Replied: 7/18/2012
    Attorney At Law | Harry D. Roth
    If the previous state of residence is California and your spouse still lives here, yes, you can file here.
    Answer Applies to: California
    Replied: 7/18/2012
    The Law Offices of Robert W. Bellamy
    The Law Offices of Robert W. Bellamy | Robert W. Bellamy
    You can file in any county in Alabama or you may be able to file in the state you currently reside in. Contact a lawyer in your current state to learn their requirements.
    Answer Applies to: Alabama
    Replied: 7/18/2012
    Law Offices of Arlene D. Kock
    Law Offices of Arlene D. Kock | Arlene D. Kock
    You file in the jurisdiction where you live.
    Answer Applies to: California
    Replied: 7/18/2012
    Burnett Evans Banks
    Burnett Evans Banks | Paul Evans
    Under Missouri law, you may file for Dissolution of Marriage where you reside (in Missouri it takes ninety days to establish residence so that the court has jurisdiction). You may also file where your spouse resides. If you have children, you should file where the children are.
    Answer Applies to: Missouri
    Replied: 7/18/2012
    Wolfstone, Panchot & Bloch, P.S., Inc.
    Wolfstone, Panchot & Bloch, P.S., Inc. | Mark Brown
    You can file in the state in which the other party resides. Under certain circumstances, you may also file in the state in which you now reside.
    Answer Applies to: Washington
    Replied: 7/18/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    The answer depends on the jurisdictional requirements under state statutes. In Minnesota, you may file here if you have resided in the state for 180 days prior to the action.
    Answer Applies to: Minnesota
    Replied: 7/18/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    You need to file in the state where your spouse resides. YOU CAN FILE IN THE STATE WHERE YOU RESIDE AS LONG AS YOU HAVE LIVED THERE AT LEAST 90 DAYS AND YOU CAN GET YOUR SPOUSE SERVED IN YOUR STATE.
    Answer Applies to: Colorado
    Replied: 7/18/2012
    Theodora Fader | Theodora Fader
    Each state has residency and other requirements that determine whether a party may file a divorce action within the state as well as which court the case should be filed in. You should consult with an attorney in the state in which you would like to file to determine whether filing in that state is appropriate.
    Answer Applies to: Michigan
    Replied: 7/18/2012
    Peyton and Associates | Barbara Peyton
    Unless you were a resident of California for the last six months you cannot file there. You should check the residency requirements for your new state.
    Answer Applies to: California
    Replied: 7/18/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    One of the primary requirements for filing a divorce in Florida is that you have been a continuous resident for six months. And you can have to prove it. If you are only working out of state and maintain a residence in Florida, you should file a divorce in the county where the marriage was last intact or where the other resides if it is different.
    Answer Applies to: Florida
    Replied: 7/18/2012
    Mike Yeksavich | Mike Yeksavich
    Consult an attorney where you live to see if you meet jurisdiction and venue requirements to file. For example the time period of residency is six months in state and one month in the county to file for divorce.
    Answer Applies to: Oklahoma
    Replied: 7/18/2012
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    If your partner resides in your previous state of residence, you can file in that state.
    Answer Applies to: California
    Replied: 7/18/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Best where you live but check prior to filing. California requires you be a resident for 6 months prior to filing.
    Answer Applies to: California
    Replied: 7/18/2012
    Steven Alpers | Steven Alpers
    You will have to file where your partner is assuming he was not in the state where you are now.
    Answer Applies to: California
    Replied: 7/18/2012
    John E. Kirchner, Attorney at Law
    John E. Kirchner, Attorney at Law | John Kirchner
    It isn't possible to clearly answer your question without knowing more about your situation and, most important, what states are involved. Each state has slightly different rules about jurisdiction for divorce. Generally, you need to pursue divorce in the state that at least one of you is a resident of; so, it may be possible to file in either state. But, you need to consult an attorney for advice about your specific situation.
    Answer Applies to: Colorado
    Replied: 7/18/2012
    Lombardi Law LLC
    Lombardi Law LLC | SUZANNE LOMBARDI
    If you file in Alaska you have to show that you are a resident which means you are in the state and you have the intent to remain. Each state may differ in their residency requirements. It would be important to contact an attorney in the state where you want to file and find out what the requirements are.
    Answer Applies to: Alaska
    Replied: 7/18/2012
    Law Office Of Jody A. Miller
    Law Office Of Jody A. Miller | Jody A. Miller
    You might be able to file in either state - where you live or where your spouse lives. Consult with an attorney regarding your specific situation and jurisdictional concerns.
    Answer Applies to: Georgia
    Replied: 7/18/2012
    Attorney at Law | Aimee C. Robbins
    To file in Maryland you or your spouse need to have been a resident of Maryland for one year preceding the filing of your Complaint for Divorce if the grounds for divorce occurred out of state. This law can be found at section 7-101 of the Family Law Code of Maryland.
    Answer Applies to: Maryland
    Replied: 7/18/2012
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    You need to file in the state of either your residence or his.
    Answer Applies to: California
    Replied: 7/18/2012
    The Law Firm of Sarver & Guard, LLC
    The Law Firm of Sarver & Guard, LLC | Lauren Sarver
    You could file for divorce in the parish of the last matrimonial domicile.
    Answer Applies to: Louisiana
    Replied: 7/17/2012
    The Law Offices of Jill Puertas LLC | Jill Puertas
    In Missouri, you must file in the county of the state where you have resided for 90 days immediately prior to the filing.
    Answer Applies to: Missouri
    Replied: 7/17/2012
    Law Offices of Helene Ellenbogen, P.S.H | Helene Ellenbogen
    The court in which you file must have jurisdiction over the other party. If there are children or property in the state of your previous residence and if your spouse still lives there, that is the best state in which to file as that court will have jurisdiction and no secondary procedures will be necessary.
    Answer Applies to: Washington
    Replied: 7/17/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    If you are only out of state due to employment and you have not actually changed your legal residence, then you file where you are a legal resident. If you have changed your legal residence to the new state, but have not lived there for at least six months, then the previous state still has jurisdiction. If there are minor children involved, only the home state has jurisdiction to determine custody. The home state is defined as the state where the children have resided for the most recent 6 months.
    Answer Applies to: Michigan
    Replied: 7/17/2012
    Robert J. Merlin, P.A.
    Robert J. Merlin, P.A. | Robert J. Merlin
    First of all, there is no action for separation in Florida. As for a dissolution of marriage action, it should be filed where the two of you last lived together as husband and wife. But if you have been gone for more than 6 months and your spouse has resided in Florida for at least 6 months, you can file where he or she lives. Contact your local family courthouse for further instructions.
    Answer Applies to: Florida
    Replied: 7/17/2012
    Law Office of L. Paul Zahn
    Law Office of L. Paul Zahn | Paul Zahn
    You can file in your state of residence or in the state of the other party, provided that you meet the residency requirement for the jurisdiction in which you file. Requirements vary from state to state.
    Answer Applies to: California
    Replied: 7/17/2012
    Posternak Blankstein & Lund, LLP | Michael Eliot Rubin
    You need to file where you reside heck that state for length of time needed Ma is 6 months.
    Answer Applies to: Massachusetts
    Replied: 7/17/2012
    Law Office of Timothy Jones | Timothy Jones
    You have to live in Idaho for six weeks or more in order to be able to file for divorce in Idaho. If you're living elsewhere, then, you'll need to see if you can file in the state you're in.
    Answer Applies to: Idaho
    Replied: 7/17/2012
    Law Office of Angela M. Riccio | Angela M. Riccio
    You can file in either state that allows for jurisdiction in that state. If you file in the state in which you now reside, it may be difficult to obtain personal jurisdiction over your partner - which is needed to distribute property and resolve certain child issues. You may file in the state your partner continues to live, however, you then submit yourself to the jurisdiction of the court "automatically." Since each state has its own laws governing jurisdiction and divorce matters, it may be most advantageous for you to consider the laws of each state before filing. I would suggest consulting with an attorney in this regard.
    Answer Applies to: Illinois
    Replied: 7/17/2012
    David A. Browde, P.C.
    David A. Browde, P.C. | David Browde
    That depends upon where you and your partner have legal residence.
    Answer Applies to: New York
    Replied: 7/16/2012
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