Can I file for divorce in a state different than the one that I was married in and am currently living in, if it would be cheaper?

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Can I file for divorce in a state different than the one that I was married in and am currently living in, if it would be cheaper?

I heard it was cheaper to file for divorces in TX. Is it possible to file for divorce in there because it would cost less money even though we are living in CA?

Asked on August 4, 2010 under Family Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To be able to file for divorce in Texas, one of you would have to be living there.  If you moved to Texas, you could file for divorce after living there for six months;  if your spouse moved there, you could file there as well.  Otherwise, you're more or less stuck with California.

Where you were married has absolutely nothing to do with where you are allowed to file for divorce.  The divorce has to be based on a court's jurisdiction, or proper power to decide the case, and that has to be based on the presence of at least one of the parties to the case within the state.

You're always legally free to move (aside from questions regarding minor children), and the residence requirement in your new state can never be more than one year, courtesy of the U.S. Supreme Court.


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