Do I Have to File For Divorce In The Same State Where I Got Married?


The answer to this question is a resounding no; you do not have to file for divorce in the same state in which you were married. However, there are other requirements that will allow or disqualify you from filing for divorce in a particular state. Generally speaking, the two main eligibility requirements to get a divorce in most states are residency and grounds for divorce.

Residency
Almost all states require that you or your spouse, for a specified period of time, be a resident of the state where the divorce is filed. Each state has different guidelines as to the length of residency required to be eligible for divorce. For example, the resident periods vary from no resident requirements at all to up to two years of a resident requirement prior to filing in particular states. In Nevada, the requirement is that you or your spouse have lived in the state for at least six weeks prior to filing your divorce.

Grounds for Divorce
Additionally, states differ as to required grounds for divorce. For example, some states require that the couple live apart for a certain length of time before they can file for divorce. Other states require that one party be at fault for the divorce. Since Nevada allows No-Fault divorces, there is no need for any grounds to file for divorce in the state of Nevada. It is sufficient enough in Nevada to file on the basis of incompatibility between the couple.

You are free to file for divorce in any state where you can meet the requirements for residency and the grounds for the divorce. This allows you to pick a state that will most favorably go towards what you’re looking to achieve in your divorce. For example, various issues of divorce such as child support, alimony, and division of property vary from state to state in how that state rules on those issues. It is important to know that you do have a choice. You can research, you can look and see what would best benefit you and then decide if it’s worth meeting the requirements of the residency for that particular state.

If you have questions, or are considering divorce in Nevada, do not hesitate to schedule a free consultation with our experienced Family Law attorneys. To speak with our team at length, contact our office at (702) 998-1188, info@ljlawlv.com, or schedule a consultation online.

For more information on Divorce, or other related topics, check out our Family Law FAQ, our Family Law podcast, or Family Law TV playlist on Youtube.

 

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