Do You Have to File for Divorce in the State You Were Married In? Jurisdiction Rules
No, you do not have to file for divorce in the state where you were married. Divorce jurisdiction is based on residency requirements, not marriage location. You can file in the state where either spouse currently resides, provided you meet that state’s residency requirements—typically ranging from 30 days to 2 years.
The Marriage Location Myth: What Actually Matters
Marriage location doesn’t determine divorce jurisdiction. Courts care about where you live now, not where you said “I do.”
You may file for divorce in either spouse’s state of residence, provided residency requirements are met. Got married in Hawaii but living in Texas? File in Texas.
What Are State Residency Requirements for Divorce?
The Basics of Divorce Jurisdiction
Before a court can grant a divorce, it must have “subject matter jurisdiction”—the court’s legal authority to hear and decide a divorce case, which is primarily based on the residency of at least one spouse.
These rules prevent “forum shopping,” where someone might try to file for divorce in a state with more favorable laws without having a genuine connection to that state.
State-by-State Residency Periods (2025 Update)
Residency requirements for divorce vary significantly across states, with most mandating that at least one spouse lives in the state for a designated period before filing, typically 3-12 months.
Shortest Requirements:
- Alaska: 30 days or establish domicile
- Nevada: 6 weeks
- Arizona: 90 days
Most Common Requirements:
- California: 6 months in state, 3 months in county
- Texas: 6 months in state, 90 days in county
- Florida: 6 months
- Maryland: Varies – currently living in Maryland if grounds occurred there; 6 months if grounds occurred outside Maryland
Longer Requirements:
- New York: 2 years continuous residency, OR 1 year with specific conditions
No Minimum Period (But Still Have Requirements):
- South Dakota and Washington: No minimum residency periods but require proof of intent to establish permanent residence
Domicile vs. Residency: Critical Legal Distinction
What Is Domicile?
Establishing domicile involves two requirements: (1) physical presence, and (2) an intent to abandon the former domicile and remain in the state for an indefinite time.
Even in states that don’t use the word domicile in their statutes on residency requirements for divorce, some courts have interpreted those statutes as meaning essentially the same thing as domicile.
Residency Requirements
In states where courts have made it clear that residence means just that—and not domicile—you can generally meet the residency requirement if either you or your spouse had a residence in the state for the required period before you filed for divorce.
Proving Your Residency
Courts generally require proof that you have resided in the state or county for the legally mandated timeframe. Acceptable evidence includes:
- Valid state driver’s license or ID card
- Voter registration
- Utility bills
- Lease agreements or mortgage documents
- Bank statements with state address
- Employment records
- Vehicle registration
It is crucial to keep organized, physical copies of documents that prove your residency.
Can You File for Divorce If You’ve Moved to Another State?
Yes—With Conditions
If you move to a new state, you must wait until you meet that state’s residency requirements before filing.
What If Your Spouse Lives in a Different State?
Couples can only file for a divorce in the state and county that has jurisdiction to hear the case. However, you do not necessarily have to file in the state that issued your marriage license or even the one in which you currently live.
If two different states are eligible to have jurisdiction over a marriage, the state that takes jurisdiction will be the state where a divorce petition is first filed.
Strategic Filing Considerations
This could give the filing spouse an advantage in a contested divorce, since he or she will not have to travel as far to participate in hearings and the trial.
Personal Jurisdiction Over Out-of-State Spouses
Subject Matter vs. Personal Jurisdiction
While meeting a state’s residency requirement gives the court the power to grant the divorce itself, it doesn’t automatically grant the authority to decide on related financial matters like property division, debt allocation, and spousal support, especially when one spouse lives out of state.
For these issues, the court must also have “personal jurisdiction” over the other spouse.
How Courts Gain Personal Jurisdiction
Service Within the State: The out-of-state spouse is physically served with divorce papers while they are in the state where the divorce was filed.
Minimum Contacts: A legal doctrine allowing jurisdiction if the out-of-state resident has had sufficient “minimum contacts” with the state, such as previously living there as a couple or owning property.
BREAKING: Massachusetts UCCJEA Update—Last State to Adopt (2025)
What Is the UCCJEA?
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a law that establishes jurisdiction rules for child custody cases, vesting “exclusive [and] continuing jurisdiction” for child custody litigation in the courts of the child’s “home state”.
July 2025 Development
As of 2025, the only state that has not adopted the UCCJEA is Massachusetts. The Massachusetts state senate passed the UCCJEA in July 2025; the Massachusetts state house of representatives must also vote on it before it can become law.
How UCCJEA Affects Divorce Filing
Matters of child custody and visitation are governed by the UCCJEA, which has been adopted by most states. The primary purpose is to ensure that custody decisions are made by the court with the most significant connection to the child.
Under the UCCJEA, the “home state” of the child is the primary basis for jurisdiction, defined as the state where the child has lived with a parent for at least six consecutive months before the custody case begins.
The Child’s Home State: Critical 6-Month Rule
Under the UCCJEA, a child’s home state is defined as the jurisdiction where the child has lived with a parent for at least six consecutive months before the case is filed.
This means that even if you move to a new state and meet its residency requirement for divorce, that court may not have the authority to decide child custody if another state is the child’s established home state.
What If You Have Kids?
When children are involved, the child’s home state typically has jurisdiction.
You might meet Nevada’s 6-week divorce residency requirement, but if your kids have lived in Ohio for the past year, Ohio courts will decide custody issues.
Special Exceptions and Circumstances
Military Personnel
Active service members can file in their legal residence state or where stationed, per the Servicemembers Civil Relief Act.
As a member of the armed services, you may file for divorce in Maryland if you established your residence in Maryland prior to entering the armed services, even if you have not lived in Maryland since you entered the armed services.
Alabama’s Unique Rule
You may file for divorce in Alabama as long as your spouse (the “defendant”) is currently a state resident, whether you live in the state or not. Otherwise, you’ll have to prove that you’ve resided in Alabama for at least six months.
Wyoming’s Marriage Exception
You may get a Wyoming divorce if you married in the state and one of you continued to reside there from the marriage date until the filing date, applicable in very short marriages.
Delaware Same-Sex Marriage Protection
Nonresident same-sex couples may also get divorced in Delaware if they were married in the state and currently live in a jurisdiction that won’t grant them a divorce.
What Happens If You File in the Wrong State?
Case Dismissal
Failing to meet residency requirements could result in delays or even dismissal of your case.
If you are served with divorce papers from a state where you believe the court lacks jurisdiction over you, you have the right to raise this issue by filing a motion.
Wasted Time and Money
Filing in the wrong jurisdiction means:
- Legal fees for a case that gets dismissed
- Delays in finalizing your divorce
- Potential need to refile in correct jurisdiction
- Additional attorney fees in multiple states
How to Challenge Improper Jurisdiction
If you are served with divorce papers from a state where you believe the court lacks jurisdiction over you, you have the right to raise this issue by filing a motion.
Multi-State Divorce Scenarios: Real-World Examples
Scenario 1: One Spouse Moves
For example, the parents divorce in Texas, and the mother and children move to Mississippi. The father continues to live in Texas and the children maintain a significant connection to Texas by visiting often and spending their summers there. Three years later the father filed suit in Texas to modify custody.
The UCCJEA, which was designed to prevent forum shopping, prevents her attempt by protecting an issuing court’s jurisdiction.
Scenario 2: International Custody Battle
In Bellew v. Larese (Georgia Supreme Court), parties moved to Athens, Georgia in August 2004. Larese traveled to Italy in summer 2007 with the child and never returned. She filed for divorce in Italy in August 2007. Bellew filed for divorce in Athens in September 2007.
The Georgia Supreme Court held that under the UCCJEA, Georgia, not Italy, was the “Home State.” The child had lived in Athens/Clarke County for 2 years prior to being taken to Italy.
Recent Legal Developments: 2025 Updates
California UCCJEA Filing Requirements
Under California Rules of Court 2025, petitioner and respondent must each complete, serve, and file a Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (form FL-105/GC-120) if there are children under 18.
Continuing Duty to Update
In any action or proceeding involving custody of a minor child, a party has a continuing duty to inform the court if he or she obtains further information about a custody proceeding in a California court or any other court.
Forum Shopping: Why It Doesn’t Work
Remember, the goal of the UCCJEA is to discourage parents from picking up and leaving to shop for a state that has more favorable rules regarding custody or merely to cause inconvenience to the other parent.
Trying to leave one state to quickly set up residence for divorce purposes in another state rarely works under the UCCJEA.
You wouldn’t likely meet the state’s residency requirement by simply renting an apartment or house shortly before you file for divorce, while you keep your permanent home in another state.
Practical Filing Guidance: What Should You Do?
Step 1: Determine Current Residency Status
Calculate how long you’ve lived in your current state and county. Check your state’s specific requirements.
Step 2: Consider Children’s Home State
If you have minor children, identify where they’ve lived for the past 6 months—that’s likely where custody will be decided.
Step 3: Gather Residency Proof
Keep organized, physical copies of documents that prove your residency. While online-only documentation is convenient, printed statements, bills, and agreements can be more straightforward to present as evidence in court.
Step 4: Consult with an Attorney
If you have questions about whether you meet the divorce residency requirements in your state, talk to a divorce lawyer.
Multiple states might have jurisdiction—choosing strategically matters.
Step 5: File First If Eligible
If two different states are eligible to have jurisdiction over a marriage, the state that takes jurisdiction will be the state where a divorce petition is first filed.
Common Jurisdiction Pitfalls to Avoid
Don’t assume marriage location matters: It doesn’t. Residency controls.
Don’t ignore children’s home state: Child custody follows different rules under UCCJEA.
Don’t fake residency: Courts require genuine domicile, not just a rental address.
Don’t delay if moving states: File before leaving if you meet requirements, or wait until you meet new state’s requirements.
Don’t forget county requirements: Some states require both state AND county residency periods.
Related Legal Resources
For more information on family law matters:
- Workplace harassment law protections
- Understanding Netflix legal settlements
- Federal vs state jurisdiction
FAQs: Divorce Filing Jurisdiction
Do I have to file for divorce where I was married?
No. Marriage location doesn’t determine divorce jurisdiction. Residency requirements for divorce apply regardless of where the marriage occurred.
What is the residency requirement for divorce?
Most states require 3-12 months of residency. Shortest is Alaska at 30 days and Nevada at 6 weeks. New York requires up to 2 years.
Can I file for divorce in another state if I just moved?
Only after meeting the new state’s residency requirements. You cannot file immediately upon moving unless you meet specific exceptions like military status.
What if my spouse lives in a different state?
You may file in either spouse’s state of residence, provided residency requirements are met. The state where the divorce petition is first filed typically takes jurisdiction.
What is domicile for divorce purposes?
Domicile requires physical presence AND an intent to abandon the former domicile and remain in the state indefinitely. It’s stronger than mere residency.
What happens if I file in the wrong state?
Failing to meet residency requirements can result in case dismissal and delays. You’ll waste legal fees and have to refile in the correct jurisdiction.
How long do I need to live somewhere to file for divorce?
Depends on the state. Common requirements:
- Texas: 6 months in state, 90 days in county
- California: 6 months in state, 3 months in county
- Florida: 6 months
Can military members file for divorce in any state?
Yes, active service members can file in their legal residence state or where stationed, per the Servicemembers Civil Relief Act.
Key Takeaways
Marriage location is irrelevant: Divorce jurisdiction depends on current residency, not where you got married.
Residency requirements vary widely: From 30 days in Alaska to 2 years in New York—research your state’s specific rules.
Children complicate jurisdiction: The child’s home state (where they lived for 6 consecutive months) has custody jurisdiction under UCCJEA.
Proof matters: Keep physical copies of residency documents including lease agreements, utility bills, driver’s licenses, and voter registration.
File strategically: When two states have jurisdiction, the first to file typically controls.
Massachusetts update: Massachusetts Senate passed UCCJEA in July 2025, pending House vote.
Disclaimer: This article provides factual information about divorce filing jurisdiction based on publicly available state statutes, court rules, and verified legal sources. It is for educational purposes only and does not constitute legal advice. For legal advice regarding your specific divorce situation and proper filing jurisdiction, please consult with a qualified family law attorney in your state.
Last updated: November 2025 with Massachusetts UCCJEA July 2025 update and current state residency requirements
About the Author
Sarah Klein, JD, is a former family law attorney with over a decade of courtroom and mediation experience. She has represented clients in divorce, custody cases, adoption, Alimony, and domestic violence cases across multiple U.S. jurisdictions.
At All About Lawyer, Sarah now uses her deep legal background to create easy-to-understand guides that help families navigate the legal system with clarity and confidence.
Every article is based on her real-world legal experience and reviewed to reflect current laws.
Read more about Sarah