If my wife and I married in one state but live inanother, where do we have to file for a divorce?

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If my wife and I married in one state but live inanother, where do we have to file for a divorce?

We’ve been married 7 months. No children; no mortgages or anything.

Asked on January 17, 2012 under Family Law, South Carolina

Answers:

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

Answered 10 years ago | Contributor

I am so sorry that your marriage has not worked out for you.  Filing for divorce must be done in the state and county in which you reside, which may or may not have anything to do with where you got married.  Each state has a residency requirement for filing, meaning that you have to have lived there for a certain amount of time before you can file papers.  The county too may have their own requirement.  Check with your attorney.   


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