Do I File For Divorce Where I Was Married?

When it comes to filing for divorce, one of the most common questions I get asked is whether you need to file your divorce case in the same county, state, or even country where you were married. This is a crucial point to understand because many people mistakenly believe that the location of their marriage determines where they must file for divorce. In reality, that’s not necessarily the case.

Understanding Where to File for Divorce

Many potential clients come to me thinking that the place where they got married dictates where their divorce case should be filed. However, the truth is that you do not have to file your divorce in the county or state where your wedding took place. Instead, the filing location depends on other factors, primarily your current residency and the legal requirements of your state.

Residency Requirements

The most important factor when deciding where to file for divorce is residency. Each state has laws outlining how long one or both spouses must have lived in the state before filing for divorce there. For example, some states require at least six months of residency, while others may require a year or more.

This means that if you currently live in a different state or county than where you got married, you may be able to file for divorce in your current location, provided you meet the residency requirements. This can often be more convenient and cost-effective since you won’t have to travel back to the place of marriage for court proceedings.

Why Location of Marriage Doesn’t Usually Matter

The place of marriage is primarily a ceremonial or administrative detail, and it doesn’t typically affect the legal process of divorce. Courts focus on where you and your spouse currently reside and which jurisdiction has authority over your case. This approach helps avoid unnecessary complications and delays in handling your divorce.

What Should You Keep in Mind?

• Check your state’s residency requirements: Before filing, make sure you understand how long you or your spouse need to have lived in the state to file for divorce there.
• Consider convenience: Filing in your current county or state can simplify the process, save on travel expenses, and make attending court hearings easier.
• Consult a divorce attorney: Laws can vary widely depending on your location, so seeking legal advice can help ensure you file in the right place and follow the correct procedures.

Conclusion

To sum it up, you do not have to file for divorce where you were married. The key consideration is where you meet the residency requirements to file in a particular state or county. By understanding this, you can choose the most practical and legally appropriate place to start your divorce proceedings.

If you have questions about filing for divorce or want to learn more about the process, feel free to reach out or consult with a qualified divorce attorney who can guide you based on your unique situation.

— Tim Blankenship, Divorce661