Where do I file for divorce if my spouse and I live in different states?

UPDATED: Sep 30, 2022

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Where do I file for divorce if my spouse and I live in different states?

I’m from Wisconsin but have been living
and working in Texas since July 2014.
My spouse still lives in Wisconsin with
our children. We married in 2000 but in
2012 decided our marriage was over. My
question is where can I file for
divorce? Can I file here in Texas or do
I have to file in Wisconsin?

Asked on January 21, 2017 under Family Law, Texas


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

Answered 5 years ago | Contributor

You can file either in the state of which you are a legal resident or the state in which your spouse has legal residency. That having been said, since children are involved, you should consult with a divorce attorney. They can best advise you further, including which state has the laws most favorable to your case.

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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