A common misconception is that you must file for divorce in the state where your marriage license was issued. While this may be an option for you or your spouse, it is by no means a requirement. Rather, the answer typically depends on you or your spouse’s residency. Residency requirements for divorce filings vary state by state, however.
To file for divorce in Ohio, for example, at least one party must have lived in the state for at least six months before filing. Ohio further requires that one spouse live in the county where the divorce action is being filed for at least 90 days. Other states’ laws may differ on both the state and county residency requirements. Alternatively, some states, including Alaska, South Dakota, and Washington, have no minimum residency requirement. Other states, such as Idaho and Nevada, have extremely short time requirements for residency.
Additionally, you will typically need to provide some form of evidence proving that you or your spouse meets the residency requirements. This may include a driver’s license, voter registration card, or signed lease.
Schedule a Consultation
Figuring out which state you need to file in should be the last thing on your mind during a stressful event like divorce. At The Law Offices of Nicholas A. Kulik, we can take care of the complicated legalities so that you can focus on the things that matter. Reach out to us today so that we can assess your situation and get you started in the right direction.
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