In what state should I file for a divorce?

UPDATED: Sep 10, 2011

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In what state should I file for a divorce?

I was married in IA. Now she wants a divorce and it has not even been a month we have been married. I have never changed my residency to IA from GA.

Asked on September 10, 2011 under Family Law, Georgia


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  I know that this is a legal website and not a counseling website and you are looking for legal guidance.  But I have to say that the first few months of marriage can be the most unsettling time in a couple's relationship.  Be that as it may, you are hinting here to an issue known as jurisdiction.  A court obtains the right to hear and decide a matter involving you through jurisdiction.  And they do that in divorce cases through residency.  The residency requirement in Georgia is 6 months.  The residency requirement in Iowa is one year.  Where you were married has no bearing on the matter.  Have you need living in Iowa as a married couple?  Then the break with Georgia may be fatal to filing.  Seek advice from an attorney in the Georgia area.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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