What state do file for a divorce if my husband and I live in 2 different states?

UPDATED: Aug 10, 2011

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What state do file for a divorce if my husband and I live in 2 different states?

My husband was having a 2 year affair. We had an incident where he threw me to the ground and the police arrested him; he is awaiting his court date. I moved with family to NH but he still lives in the family home in GA. I am confused as to what state I file for divorce.

Asked on August 10, 2011 New Hampshire


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

Answered 11 years ago | Contributor

I am so sorry for your situation.  It is good that you are somewhere safe now and with support.  In order to file for divorce in New Hampshire you need to meet their residencyrequirements.  This allows a court to have what is known as jurisdiction over you to decide your case.  You will still have to have your husband properly served with divorce papers.  New Hampshire, however, has a different requirement than some of the states.  Here it is:

In order to file for a divorce, the parties must: I. both be residents of the state and the filing spouse must be a resident for a least 1 year prior to filing or; the grounds must have occurred in the state and one of the spouses must be a resident for at least 1 year prior to filing. The divorce shall be filed in the county in which either spouse resides. (New Hampshire Statutes - Chapters: 458:5, 458:6, 458:9).

So both of you have to be residents of New Hampshire if I understand it correctly.  Please seek legal help here because you may have to proceed in Georgia or try and agree to divorce and let him file the papers in Georgia.  Good luck.

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