Residency requirements for divorce

gail residency requirements

Most people who come to the DAWN offices for a divorce consultation have no idea that there is a residency requirement for filing.  You must have resided in the county for at least 10 days and 180 days in the state prior to filing for a divorce.  It doesn’t matter where you were married or where your husband is when you file as long as your residence has been established for the required period of time.

In addition, the state requires a waiting period before a divorce can be finalized.  If you do not have any children the waiting period is 60 days.  If you do have children the waiting period is 180 days.  So essentially, the shortest period of time to get divorced is 60 or 180 days, depending on whether you have children or not.

Residency and waiting periods are vital information to know.  If you have left your husband and move back to your parents home in another state, you will have to wait those 180 days before filing for divorce.  Knowing this information in advance will help keep you from making a quick decision to move out of state and getting stuck in a waiting game.

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