In what state should I file for a divorce?

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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

Answers:

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

Answered 12 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.


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