Do I Have to File for Divorce in the Same State I Got Married?

Have you decided to get a divorce? You may have thought this was the beginning of the end of the tough decisions you will need to face, but there are many more decisions and processes that will need to be navigated as you start on your path to a new chapter in your life. The first question you will probably face after deciding on divorce is, where do I actually file for divorce? If you were married in another state, you may be wondering if you have to go back to that state to get a divorce. Most all states have residency requirements for divorce filers. We will discuss more on where you can file for divorce here.

Do I Have to File for Divorce in the Same State I Got Married?

In order to be able to grant a divorce, a state court must have jurisdiction over the divorce proceedings. Jurisdiction means that the court has the power to rule over the procedures as well as decide the outcome of the case. This is why, in most cases, a person will petition for divorce in the state where he or she lives. Depending on how long he or she has lived in that state, it is most common that the court will have jurisdiction over a state resident to hear his or her divorce case.

Prior to filing for divorce, you should verify your state’s residency requirements. You should also check on the local county residency requirements. Do so promptly. If your spouse lives in another state, he or she may be looking to file for divorce there. Having a pending divorce case out of state can be logistically difficult and very inconvenient. You may also, however, want to investigate the state’s laws on divorce to see which is most favorable to your situation.

To file for divorce, you must meet the state’s residency requirements. There are a few different ways to meet the residency requirements. If you or your spouse has been living in New York continuously for a minimum of two years prior to the initiating of the divorce case, then you will meet the residency requirements. Alternately, if you or your spouse has been living in New York continuously for a minimum of one year prior to the initiating of the divorce case and you either got married in New York, lived in New York as a married couple, or the grounds for divorce occurred in New York, then you will meet the residency requirements. Lastly, you can meet the residency requirements if both you and your spouse are residents of New York the day the divorce is initiated and the grounds for your divorce occurred in New York.

Syracuse Divorce Attorneys

Considering divorce? Get a trusted legal team by your side. CDH Law is here to advocate for you as we help you navigate the divorce process. Contact us today.