QUESTION
Can I file for divorce in the state I was married in, even if I no longer live there?
Asked on Jul 07th, 2012 on Divorce - California
More details to this question:
I was married in Georgia but a year and a half ago, we moved to South Carolina. Prior to the move, we knew we wanted a divorce but for financial reasons and to be fair, we decided to stay in the same residence until we were ready to file. We shared a home but lived seperate lives. The time has come and we are ready. The divorce is uncontested, everything is agreed on and we want to move on with our lives. We want to know if we can file the divorce in Georgia since we were married in Georgia and spent most of our married life there. South Carolina has a one year separation law and due to our agreement, it is going to cause us an issue to move on with our lives. Any advice will help us.
19 ANSWERS
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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Where is the home state?
Answered on Jun 28th, 2013 at 10:24 PM
Child Custody Attorney serving Malvern, AR
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Law Office of Gregory Crain
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No.
Answered on May 29th, 2013 at 1:16 AM
Dennis P. Mikko
You would have to file in the state where you are a resident and meet the residency requirements of that state.
Answered on Aug 07th, 2012 at 1:41 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Typically you can only file for divorce in the state you actually reside. However, there may be a quirk in the law.. check out the law with a Georgia attorney.
Answered on Aug 07th, 2012 at 12:06 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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If neither one of you lives in Georgia you can't file there. Where you were married is irrelevant.
Answered on Aug 07th, 2012 at 12:53 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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That depends on Georgia law. Talk to an attorney from what ever city in Georgia. That person can advise you about Georgia law.
Answered on Aug 06th, 2012 at 9:06 PM
You must file in the state in which you reside. As for the one year separation law, you can see if they have a waiver. For instance, the law here in IL is that for irreconcilable differences you must be separation for 2 years, however, if you have been separated for 6 months, you can sign a waiver, waiving the 2 year requirement.
Answered on Aug 06th, 2012 at 9:00 PM
Leonard A. Kaanta
You usually file in the state you are living in. I am a Michigan attorney and am only familiar with Michigan law. Each state has there own laws.
Answered on Aug 03rd, 2012 at 11:10 PM
I am sorry but you will need to consult a Georgia attorney to determine if what you want is possible. Most jurisdictions have a residency requirement.
Answered on Aug 03rd, 2012 at 3:27 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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You need to file for divorce in the state you live in. The place of marriage is not relevant since you both apparently now live in SC, that is where you have proceed unless and until you move to some other state.
Answered on Aug 03rd, 2012 at 3:26 PM
Most states have a residency requirement. If you no longer live in the old state, you can't file there. Call an attorney in the state where you are now living to see what can be done.
Answered on Aug 03rd, 2012 at 3:03 PM
1 Award
You have to file in the state where either one of you resides. Since both of you reside in South Carolina, you can only file suit in this state.
Answered on Aug 03rd, 2012 at 2:54 PM
Suzanne H. Lombardi
The length for residency for divorce is up to each state. Many states have a year residency requirement before a divorce can be granted. An attorney can help you find out what the residency requirements are for the states you ask about.
Answered on Aug 03rd, 2012 at 2:53 PM
Bankruptcy Law Attorney serving Huntington Woods, MI
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Austin Hirschhorn, P.C.
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Georgia requires that at least one of the parties be a resident of that state for a divorce to be filed there. Since neither of you live there Georgia would not have the power to grant a divorce. If both of you have lived in South Carolina for more than three months and still reside there when the divorce case is filed that court would have jurisdiction to grant a divorce. I don't understand why the question is being referred to a Michigan lawyer. If one of the parties now lives in Michigan, that party would be eligible to file in South Carolina if the other party still lives there and has lived there for more than one year. I don't know where you got the information about South Carolina having a one year separation law but my research indicates what I have stated in this answer.
Answered on Aug 03rd, 2012 at 2:47 PM
You need to discuss this with an attorney in the jurisdiction you wish to file. However, typically there are some jurisdictional/venue requirements that must be met in order to file for divorce. In Michigan, this means meeting minimum residency requirements. You are not limited to filing a divorce in the state where you were married. If you meet the basic residency requirements in Michigan, you may file here.
Answered on Aug 03rd, 2012 at 2:41 PM
Appellate Practice Attorney serving Bloomfield Hills, MI
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Law Office of William L. Spern
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No. You must file for a divorce in the state you are living or last lived where you meet the minimum requirement for filing a divorce.
Answered on Aug 03rd, 2012 at 2:36 PM
Barbara A. Fontaine
Divorces are filed in the state of your present residence. Georgia has no jurisdiction to grant your divorce.
Answered on Aug 03rd, 2012 at 2:33 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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This is not a Florida question. You need an attorney in SC. You probably cannot get a divorce in GA because you do not live there.
Answered on Aug 03rd, 2012 at 2:29 PM
Civil Litigation Attorney serving San Diego, CA
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Gerald W. Hokstad
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No. You can only get divorced where a person is domiciled. If no one lives in Georgia, it is not an option.
Answered on Aug 03rd, 2012 at 2:28 PM