Divorce Residency Requirements, Explained
2026-07-02
Before you can file, you have to qualify to file. Here's how divorce residency requirements work and why choosing the right state matters.
Why residency requirements exist
A court can only grant a divorce if it has jurisdiction — and residency is how states establish it. Nearly every state requires at least one spouse to have lived there for a set period (often three to six months) before filing, and some also require time in the specific county.
How the requirements vary
Residency rules differ from state to state.
State residency
Common thresholds range from 90 days to a year of continuous residence for at least one spouse before filing.
County residency
Some states add a shorter county requirement — for example, living in the filing county for 90 days.
Separation vs. residency
A few states also require a period of living separate and apart before an absolute divorce can be granted — this is different from residency.
When spouses live in different states
If you and your spouse live in different states, you generally file where the filing spouse meets the residency requirement. The other spouse can sign a waiver of service or be served in their state. Check both states' rules — the timeline and paperwork can differ significantly.
FAQ
Can I file for divorce in a state I just moved to?
Not until you meet that state's residency requirement, which usually means living there for a set number of months first. We'll help you confirm when you qualify.