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Where should you file for divorce?

On Behalf of | May 4, 2020 | Family Law

When you decide to file for divorce, you may plan to file in the state where you live. If your spouse is in the military, though, you can choose where to file for divorce. It is wise to examine your options before beginning divorce proceedings.

Several factors determine where you and your spouse file for divorce. According to Military.com, you could file for divorce in the state where you got married, a state where you were stationed or the state where you currently live. You may think you need to choose a state where both you and your spouse have residency. However, only one of you needs to be a legal resident.

Important factors

Some practical considerations can be helpful when determining where to file. Where do you have a bank account, pay your state taxes and vote? Where can your children receive in-state college tuition? If your family does all of this in the same state, then it may be best to file for divorce there. This is because all of these factors demonstrate that your family has residency.

Divorce requirements

It is a good idea to look at the divorce laws in the states where you could file for divorce. Florida, for example, does not request that couples go through a separation period before beginning divorce proceedings.


You may want to file for divorce in a state other than Florida. Before you begin the proceedings, however, consider the logistics. If you file in a different state, you usually need to file the paperwork there and attend the divorce hearings. The expenses of frequent travel may add up quickly and remove the benefits of filing elsewhere. If you have concerns, it may be helpful to speak with an experienced divorce attorney.