Where To File For Divorce

The first step toward divorce is knowing where to file for divorce. It is important to understand divorce residency and eligibility. Divorces are granted on a state level rather than a federal level. So when someone wants to divorce his or her spouse, the matter will be overseen by a state court, usually within the married couple’s county district court. Sometimes a special family court division will hear the divorce case, and in other states where there is no such branch of the court, the superior court or circuit court will hear the divorce case.

The First Step Toward Divorce

When a person wants to divorce his or her spouse, contacting a lawyer is of course the first step. The lawyer will then file a divorce petition with the local court. Sometimes this is referred to as “suing for divorce” or filing a divorce "complaint," as well.

In large, metropolitan areas, there are usually a number of different circuit courts. Each state’s requirements on which court should hear a case differs, but for the most part the county of residence determines which court the divorce should be filed with, and which will hear the case.

Divorce Residency and Eligibility

Each state has its own requirements for length of residency before someone can file for divorce with the court, though some states’ requirements may be identical. A state may require that one or both people involved in the divorce must have lived in the state for a specific number of months or years, or even only weeks. Counties may have their own requirements of residency for a number of months or more, too.

The good news is that most states and counties don’t require long residencies of years. When you consult a local lawyer to handle your divorce, worry about where to file and how to go about it is taken from you. Your lawyer will be familiar with the state and county requirements and will know where to file the proper paperwork to begin your divorce proceedings.

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