What state do I file for divorce in?

UPDATED: Sep 30, 2022

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What state do I file for divorce in?

I’m totally confused on what state I need to file divorce in. I got married in SC and lived in FL for the majority of my marriage. Now she lives in SC and I live in GA. Just not sure of what to do.

Asked on February 26, 2016 under Family Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A divorce can be filed in the state in which either spouse has residency; it makes no difference where they where married. Typically, after about 6 months of living in a state, residency is established. However, it varies. You can google to find out specific statrese residency requirements. You can then determine in which state you want to file. You may also want to consult directly with a divorce attorney in your area for further advice.

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 AttorneyPages.com 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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