Can I file for divorce after relocating to a different state?

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Can I file for divorce after relocating to a different state?

Asked on November 26, 2012 under Family Law, Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, yes you can.  You only need to meet the residency requirements for the new state in which you live to file there.  For example, in New York you can not file for divorce unless you meet on of the following residency requirements to file:

1. The parties were married in New York, and either party lived in New York for one year prior to filing.

2. The parties resided in New York as husband and wife, and either party lived in New York for one year or more prior to filing.

3. The cause of action occurred in New York, and either party lived in New York for one year or more prior to filing.

4. The cause of action occurred in New York, and both parties live in New York at the time of filing.

5. Either party has lived in New York for two years or more prior to filing.

Check out the requirements for the state in which you wish to move. Good luck.


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