Call Us - (888) 665-6782 How it Works (Short Video) START NOW
Court
Approval
or Your
Money
Back
A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
Watch Video Read Reviews Is This Your 1st Divorce? Is It For You? Demo

Filing for Divorce When Your Spouse Lives in Another State

Many people who file their own divorce without a lawyer have a spouse that lives in another state. Many times, even before the filing of the divorce is initiated, one spouse, or both, may move to a new state. This is very normal and filing a pro se divorce under these circumstances is very common.

Which State Should You File for Divorce In?

Divorcing a Spouse in Another State A couple is not required to file for a divorce in the state where they were married. This is a common divorce myth that quickly gets exposed early in the divorce process.

A spouse who wants to file for a divorce must meet the residency requirements and then may file in the state and county where he or she currently resides. It may be an option to file in the state they were married, but if they do not live in that state often times they would be making things much more difficult. Filing for divorce in the county in which the filing spouse resides is the most common and expected choice because of convenience and it is where he or she pays taxes to support the judicial system and courthouse.

Residency requirements vary from state to state according to state specific statutes. These laws have specific requirements a divorcing party must adhere to before a divorce filing will be accepted by the court. Alaska, South Dakota, Nevada and Washington are the most lenient with the residency requirements than the other states. Residency requirements to file for a divorce in a specific court ranges from 60 days to a year.

When a party fails to meet residency requirements, the court will reject (or not even accept) his or her initial filing of the Petition or Complaint and related paperwork. The divorce case will be rejected and the case will be dismissed. Clerks of Court will often ask those filing for a divorce if they meet the residency requirements prior to accepting the Petition or Complaint and the filing fee. Sometimes the only remedy to the situation for a filing spouse is to actually wait until he or she meets the residency requirements. If one spouse or the other does not meet the residency requirements for the state in which he or she wants to file, the party filing often is forced to wait the time to become a resident or the other party can file in the state he or she has met the residency requirements. If you are filing in a state relying on your spouse's residency, you may be required to submit proof of that residency, such as a driver's license, voter registration card, or lease agreement.

Making the Best Choice For Your Divorce Case

Sometimes, other circumstances make filing in one state over another a better choice. Divorce law does varies from state to state, so choosing between two states, if it is an option, can be a careful consideration. With an uncontested divorce where both parties are in agreement, the applicable laws regarding property and debt may not be much of an issue. Most of the time a choice between two states is decided based on residency requirements, mandatory waiting periods, overall length of time it takes for the divorce to become final, and existing order regarding any minor children.

DIVORCE RESIDENCY REQUIREMENTS BY STATE?

A Simple Divorce Process
Step 1 See if you qualify & create account!
Step 2 Answer the questions at your own pace.
Step 3 Print, sign and file your divorce forms with your local court (instantly review & print your forms online or have them sent US Priority Mail at no additional charge).

START HERE

Only $299 (flat-fee)

or 2 monthly payments of $157
or 3 monthly payments of $109
or 4 monthly payments of $84
Payment Options Do Not Delay Divorce
Instant Delivery - Instant Changes
100% Guarantee of Court Approval
or Your Money Back
As seen on Forbes, USA Today, CNN and NPR
Disclaimer: This is a quality non-lawyer self-help online divorce solution. The 3StepDivorceTM Documentation software and service is not a substitute for the advice of a lawyer. 3StepDivorce does not practice law and does not give out legal advice. This online divorce software and service allows you to represent yourself in doing your own divorce. If you need or desire legal representation, we recommend that you hire a lawyer. Click here to learn more. There may also be other pro se divorce options available by contacting your court.

Terms & Conditions | Supplementary Payment Terms | Privacy

Have questions? Call us at (888) 665-6782
Copyright© 1996-2021. All rights reserved by MH Sub I, LLC dba 3StepDivorce

Powered With Experience & Built By Trust - 3StepDivorce TM, The Original Online Divorce SM