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Residency:
In Which State Do You File For Your Divorce?
In order to start the divorce process you must file a complaint in
the court where you or your spouse lives. In your complaint or
at the hearing, you will have to meet the residency requirement for the
ground you specified in your divorce action. Divorce laws apply only to the residents of
a state, and each state has its own residency requirements. Some states have a
residency requirement for one year, others for only six months. The law absolutely requires that you or
your spouse has been a resident for the stated period of time immediately
prior to and at the time that you file for a divorce. For example, you
cannot have lived in Maryland for six months before moving to Nebraska
for another six months and then come back to Maryland to file for a divorce.
However, after you have filed, you can move anywhere in the world.
Same State, Different Addresses
You do not have to remain at the same
address to fulfill your residency requirement. You can move anywhere within
the state from which you are filing. The forms do not require you to list
all addresses, but you should be prepared to prove where you lived during
the separation in the final hearing.
Proof of Residency
Your residency is substantiated by
your corroborating witness. The testimony is all that most courts require
to verify residency. But cases have been dismissed and even overturned
because of improper proof of residency. To be safe, bring copies of your
leases with you to court during you final divorce hearing if you have moved a lot.
Resident versus Non-Resident
A court may take on a divorce proceeding
even if your spouse is not a resident of your state. If you or your spouse
move to another state after the divorce has been filed, you may still have
your case heard in the state where you presently live.
How to Establish Residency
Register to vote. Get a driver's license.
Get a job. Open charge accounts. Register your car. Take out a library
card. The list is endless. But whatever you do, do not maintain a residence
in another state that could imply that you do not intend to remain in the
state from which you file.
County Jurisdiction
In most states, the county you live
in will govern which
court your divorce will take place in. This is called venue. The divorce
must be filed where either the plaintiff or defendant resides or where
either is regularly employed or has a place of business.
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