A common divorce law question that spouses have relates is what state they are able to file for divorce in. In the typical scenario the marriage will have taken place in one state and the spouses will be living in two other states. Thus, the spouse who is considering divorce will ask what state they can file for divorce in. The typical answer is, “it depends.” .

States generally give full faith and credit to a final divorce decree granted by another state. Thus, the state in which the divorcing spouse lives can issue a divorce decree even though the spouses were married in another state.

Moreover, the state in which the divorce is filed generally does not have to have contact with both spouses. Only one of the spouses must be a resident of the state in which the divorce is being filed for the requisite time period, in order for the divorce to be filed in that state. If the non-filing spouse does not live in the state where the divorce is filed, the court order may only extend to the marital status itself, not to child support, spousal support, or the division of property.

The residency requirements vary from state to state. By way of example, in Texas, the Texas courts will entertain divorce suits if either the husband or wife has resided in Texas for the last six months. The divorce court in the county that the husband or wife lived in for the past ninety days will have jurisdiction over the divorce proceeding.