Do I have to live in a state to get a divorce there?

All states require a spouse to be a resident of the state -- often for at least six months and sometimes for as long as one year -- before filing for a divorce there. Someone who files for divorce must offer proof that he has resided there for the required length of time. Only two states -- South Dakota and Washington -- don't specify the period of time that qualifies you for resident status. See the Durational Residency by State chart, below.

If you think that your spouse will file for divorce in another state, it may be prudent to spend the money up front and file first -- in your home state. Rarely is a divorce settled in one court appearance, and if your spouse files elsewhere you could rack up a lot of traveling expenses. Also, any modifications to the divorce decree, including the property settlement agreement and arrangements for child custody and support -- must be filed in the original state. This could keep you traveling out of state for years to come, especially if you have children with your spouse.

Can one spouse move to a different state or country to get a divorce?

If one spouse meets the residency requirement of a state or country, a divorce obtained there is valid, even if the other spouse lives somewhere else. The courts of all states will recognize the divorce.

Any decisions the court makes regarding property division, alimony, custody and child support, however, may not be valid unless the non-resident spouse consented to the jurisdiction of the court or later acts as if the foreign divorce was valid -- for example, by paying court-ordered child support.

Durational Residency by State

Copyright © Nolo.com