Please see specific state for details and/or
differences.
ALABAMA
| ALASKA | ARIZONA | ARKANSAS
| CALIFORNIA | COLORADO
| CONNECTICUT | DELAWARE
| FLORIDA
GEORGIA | HAWAII | IDAHO
| ILLINOIS | INDIANA | IOWA
| KANSAS | KENTUCKY | LOUISIANA
| MAINE | MARYLAND
MASSACHUSETTS | MICHIGAN
| MINNESOTA | MISSISSIPPI
| MISSOURI | MONTANA | NEBRASKA
| NEVADA
NEW HAMPSHIRE | NEW
JERSEY | NEW MEXICO | NEW
YORK | NORTH CAROLINA | NORTH
DAKOTA | OHIO
OKLAHOMA | OREGON | PENNSYLVANIA
| RHODE ISLAND | SOUTH
CAROLINA | SOUTH DAKOTA | TENNESSEE
TEXAS | UTAH | VERMONT
| VIRGINIA | WASHINGTON
| WEST VIRGINIA | WISCONSIN
| WYOMING
ALABAMA
When the Defendant is a non-resident, the Plaintiff must have been a resident of
Alabama for six months prior to the filing of the complaint.
Alabama Code 30-2-5.
ALASKA
To petition the court for a divorce, the Petitioner must allege that he is a resident
of the state of Alaska. AS 25.24.080.
ARIZONA
In Arizona, one of the parties must be domiciled in the state for at least 90 days
prior to the filing of the Petition for Dissolution of Marriage.
ARS §25-312.
ARKANSAS
To obtain a divorce, the plaintiff must prove, but need not allege in the complaint,
that either plaintiff or defendant has been a resident in Arkansas for at least sixty
(60) days
prior to the filing of the complaint, and a resident of Arkansas for at least three months
before the final judgment granting the decree of divorce. Where the defendant cannot
be served personally with the summons and complaint or where the defendant fails to
respond to the complaint, the court will not grant a decree of divorce unless the plaintiff
has maintained an actual residence in Arkansas for at least three full months.
Ark. stat. Ann. 9-12-307.
CALIFORNIA
A judgment of dissolution of marriage may not be entered unless one of the
parties has been a resident of California for six months and of the county in which the
proceeding is filed during a period of three months preceding the filing of the Petition.
Cal. Fam. Code §2320.
COLORADO
To obtain a decree of dissolution of marriage in Colorado, one of the parties must
have been domiciled in Colorado for at least ninety (90) days prior to the time of filing the Petition
for Dissolution. CRSA §14-10-106.
CONNECTICUT
A complaint for dissolution of a marriage may be filed at any time after either
party has established residence in Connecticut. Temporary relief pursuant to the
complaint may be granted at any time after either party has established residence in
Connecticut. A decree dissolving a marriage may be entered if: 1) one of the parties has
been a resident of Connecticut for at least the twelve months preceding the date of filing
of the complaint or for at least the twelve months preceding the date of the
decree; or 2)
one of the parties was domiciled in Connecticut at the time of the marriage and returned
to Connecticut with the intention of permanently remaining before the filing of the
complaint; or 3) the cause for the dissolution of the marriage arose after either party
moved into Connecticut. C.G.S.A. §46b-44.
DELAWARE
To ask the court for a divorce, one of the parties must have resided within the
State of Delaware for at least six (6) months immediately preceding commencement of the
action. 13 DCA §1504. FLORIDA
To obtain a dissolution of marriage, one of the parties to the marriage must reside
for at least six (6) months in the state before the filing of the Petition.
FSA §61.021. GEORGIA
To ask the Court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
GC §19-5-2. HAWAII
No divorce shall be granted for any cause unless either party has been domiciled
or has been physically present in Hawaii for a continuous period of at least six
(6) months
preceding filing of the Complaint. HRS §580-1. IDAHO
A divorce may not be granted unless the Plaintiff has been a resident of Idaho for
at least six (6) weeks preceding the commencement of the action.
IC §32-701. ILLINOIS
At the time the action for dissolution is commenced, one of the parties must have
been a resident of Illinois for at least ninety (90) days prior to commencement of the action.
750 ILCS 5/401. INDIANA
To ask the court for a dissolution of marriage, one of the parties must have
resided within the state for at least six (6) months immediately preceding commencement of
the action. The Petition must be filed in the county where either party has been a
resident for at least three months preceding the filing of the Petition.
AIC §31-1-11.5-6. IOWA
Except where the Respondent is a resident of Iowa and is served by personal
service, the Petition for dissolution of marriage must state that the Petitioner has been a
resident of the state for the last year. ICA Section 598.6. KANSAS
To ask the Court for a divorce, one of the parties must have resided within the
State of Kansas for at least sixty (60) days immediately preceding commencement of the action.
KSA §60-1603. KENTUCKY
To petition the court for a dissolution of marriage, one of the parties must have
resided within the state of Kentucky for at least 180 days prior to filing of the Petition.
K.R.S. §403.140. LOUISIANA
To ask the court for a divorce, one of the parties must be domiciled in Louisiana
at the time of filing the Petition which is filed in the parish where either party is domiciled
or where the parties last were domiciled as husband and wife. For the purposes of the
residency requirement, if a spouse has established and maintained a residence in a
parish of Louisiana for a period of at least six months, there is a rebuttable presumption
that the party has a domicile in Louisiana and in the parish of such residence.
CCP Art. 10 and 3941. MAINE
A divorce action can be commenced in Maine if one of the following is true: 1)
the Plaintiff has resided in good faith in Maine for six months prior to the commencement
of the action; 2) the Plaintiff is a resident of Maine, and the parties were married in
Maine; 3) the Plaintiff is a resident of Maine, and the parties resided in Maine at the time
when the cause of divorce accrued, or 4) the Defendant is a resident of Maine.
19 MRSA §691. MARYLAND
To ask the court for a divorce, one of the parties must have been a resident of
Maryland at the time of filing the Complaint for divorce. However, if the cause for divorce
occurred out of the state, one of the parties must have resided in Maryland for at least
one year preceding the filing of the Complaint. ACM §7-101. MASSACHUSETTS
One of the following circumstances must exist in order to ask the court for a
divorce: 1) the parties lived together as husband and wife in the commonwealth of
Massachusetts, and the cause for the divorce occurred within Massachusetts; or 2)
before the cause for the divorce occurred, the parties had lived together as husband and
wife in the commonwealth of Massachusetts, and one of the parties lived in
Massachusetts at the time when the cause occurred; or 3) the Plaintiff has lived in the
commonwealth of Massachusetts for at least one year preceding the filing of the action
for divorce, even if the cause occurred in another state; or 4) the Plaintiff was domiciled
within the commonwealth of Massachusetts at the time the divorce action is filed and the
cause occurred within Massachusetts.
ALM 208 §4 and 5. MICHIGAN
To ask the court for a divorce, one of the parties must have resided within the
state of Michigan for at least 180 days immediately preceding commencement of the
action. MCLA §552.9. MINNESOTA
To ask the court for a divorce, one of the parties must have resided within the
state of Minnesota for at least 180 days immediately preceding commencement of the
action. Minn. Stat. §518.07. MISSISSIPPI
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
MC 93-5-5. MISSOURI
To ask the court for a dissolution, one of the parties must have resided within the
state of Missouri for at least 90 days immediately preceding commencement of the
action. VAMS §452.305. MONTANA
In order to enter a decree of dissolution of marriage, the court must find that one
of the parties, at the time the action was commenced, was domiciled in the state of
Montana, and that the domicile had been maintained for at least 90 days prior to the
court making its findings and final decree. MCA 40-4-104. NEBRASKA
No action for dissolution of marriage may be brought unless at least one of the
parties has had actual residence in Nebraska for at least one year prior to filing of the
petition. However, an action may also be commenced in Nebraska if the marriage took
place in Nebraska and either party has resided in the state from the time of marriage to
the time of filing the petition.
Reissued Revised Statutes 42-349. NEVADA
To ask the court for a divorce, one of the parties must have resided within the
state for at least six weeks immediately preceding commencement of the action.
NRS 125.020. NEW HAMPSHIRE
The court has jurisdiction over the parties in the following cases only: 1) where
both parties were domiciled in the state when the action was commenced; 2) where the
Plaintiff was domiciled in the state, and the Defendant was personally served with
process within the state; and 3) where the Plaintiff was domiciled in a state for at least
one year preceding commencement of the action. RSA 458:5. NEW JERSEY
The Superior Court of New Jersey has jurisdiction over a divorce case if, at the
time the action is commenced, either of the parties has been a bona fide resident of New
Jersey for at least one year preceding the filing of the Complaint. Bona fide resident
means the party is actually domiciled within New Jersey. NJSA 2A:34-10. NEW MEXICO
The District Court has jurisdiction to decree a dissolution of marriage when, at the
time of filing the Petition, either party has resided in New Mexico for at least six months
immediately preceding the date of filing, and has a domicile in New Mexico. Domicile
means that the person is physically present in New Mexico and has a place of residence
in New Mexico, and has a present good faith intention to reside in the state indefinitely.
§40-4-5 NMSA. NEW YORK
An action for divorce may be maintained only under the following circumstances:
1) The parties were married in the state and either party is a resident of New York at the
time the action is commenced, and has been a resident for a continuous period of one
year immediately preceding commencement; 2) the parties have resided in New York as
husband and wife and either party is a resident at the time the action is commenced, and
has been a resident for at least one year preceding commencement; or 3) the grounds
for divorce occurred in the state of New York and either party has been a resident of
New York for at least one year immediately preceding commencement of the action; or
4) the ground for the divorce occurred within the state of New York and both parties are
residents of New York at the time of commencement of the action; or 5) either party has
been a resident of New York for at least two years immediately preceding
commencement of the action.
Domestic Relations Law §230. NORTH CAROLINA
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
GS §50-8. NORTH DAKOTA
A divorce may not be granted unless the Plaintiff, in good faith, has been a
resident of the state for six months preceding commencement of the action. If the
Plaintiff has not been a resident for the six months preceding commencement of the
action, a divorce may still be granted if the Plaintiff, in good faith, has been a resident of
the state for six months preceding entry of the final divorce decree.
NDCC §14-05-17. OHIO
The Plaintiff, in an action for divorce, shall have been a resident of Ohio for at
least six months immediately before filing the Complaint. ORC 3105.03. OKLAHOMA
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
43 Okl.St.Ann. §102. OREGON
If the dissolution of marriage is requested on the ground of irreconcilable
differences, then either party must have been a resident of Oregon, or have been
domiciled in Oregon, for at least six months prior to the time of filing the Petition for
Dissolution. If the marriage was contracted in Oregon and the dissolution is based on
one of the same grounds as for an action for annulment (for example, that either party
was married already or one of the parties is under age, etc.), then an action for
dissolution may be commenced if either party is a resident or domiciled in Oregon at the
time the Petition is filed. ORS 107.075. PENNSYLVANIA
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
23 Pa.C.S.A. § 3104 (b). RHODE ISLAND
To ask the court for a divorce, one of the parties must have resided within the
state for at least one year immediately preceding commencement of the action.
GLRI 15-5-12. SOUTH CAROLINA
In order to commence an action for divorce, the Plaintiff must have resided in
South Carolina for at least one year prior to the commencement of the action. However,
if both parties are residents of South Carolina at the time the action is commenced, then
the Plaintiff must have resided in the state for only three months prior to the
commencement of the action. 1976 Code §20-3-30. SOUTH DAKOTA
The Plaintiff in an action for divorce must, at the time the action is commenced by
service of the Summons and Complaint on Defendant, be a resident of the state of
South Dakota. (Former requirement of one year residency has been eliminated.)
S.D.C.L. 25-4-30. TENNESSEE
A divorce may be granted in Tennessee if either the Plaintiff or the Defendant
has resided in Tennessee for at least six months preceding the filing of the Complaint.
Also, a divorce may be granted in Tennessee if the acts constituting the ground for the
divorce were committed while the Plaintiff was a resident of Tennessee.
TCA §36-4-104. TEXAS
In order to proceed with a divorce action in Texas, either party must have been
domiciled in Texas for at least six months prior to filing the Petition, and either party must
have been a resident of the county in which the Petition is filed for at least 90 days
preceding filing of the Petition. V.T.C.A., Family Code §3.21. UTAH
The Plaintiff or Defendant must be a resident of Utah and of the county where the
action is brought for three months prior to the commencement of the action.
UCA 30-3-1. VERMONT
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action. A
divorce shall not be granted unless, at the time of the final hearing, either party has
resided in Vermont for at least one year preceding the date of the final hearing.
15 VSA Section 592. VIRGINIA
To ask the court for a divorce, one of the parties must have resided within the
state for at least six months immediately preceding commencement of the action.
CV §20-97. WASHINGTON
The Petitioner in a dissolution proceeding must be a resident of the state. The
court cannot issue its Judgment and Decree of Dissolution until 90 days have elapsed
since the Petition was filed and from the date when service of Summons was made upon
the Respondent.
RCW §26.09.030. WEST VIRGINIA
One of the parties must have been an actual resident of West Virginia for at least
one year preceding the commencement of the action. However, if the marriage was
entered into within the state of West Virginia, and the cause for the divorce is other than
adultery, the action may be commenced if either of the parties is an actual resident of
West Virginia at the time of commencement of the action, without regard to length of
residency. WV Code §48-2-7. WISCONSIN
No action for a divorce may be brought unless at least one of the parties has
been a resident of the county in which the action is brought for at least 30 days, and at
least one of the parties has been a resident of the state for at least six months preceding
the commencement of the action. Wis. Stat. §767.05. WYOMING
No divorce shall be granted unless the Plaintiff has resided in Wyoming for 60
days immediately preceding the time of filing the Complaint, or the marriage was
contracted in Wyoming and the Plaintiff has resided in Wyoming from the time of the
marriage until the filing of the Complaint.
W.S. 20-2-107. |
