Residency Requirements for Divorce by State and Country

You cannot file for divorce anywhere you choose — you must meet the residency requirement in the jurisdiction where you file. These requirements exist to prevent forum shopping and ensure the court has jurisdiction over your case.

If you file without meeting the requirement, your case will be dismissed, and you start over.

US Residency Requirements by State

Requirements range from no minimum (Alaska) to two years (for certain grounds in New York). Most states fall in the 6-month to 12-month range, and many also require you to be a resident of the specific county where you file.

No minimum or very short:

• Alaska: No minimum residency (must be a state resident)
• South Dakota: No minimum (must be a state resident)
• Washington: No minimum (must be a state resident)
• Nevada: 6 weeks

3 months:

• Idaho, Kansas, Montana, Wyoming

6 months (most common):

• Arizona, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Kentucky, Louisiana, Maine, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin

12 months:

• Connecticut, Iowa, Maryland, New Jersey, New York (standard ground)

County requirements: Many states also require residency in the specific filing county. Texas requires 90 days in the county. California requires 3 months. Some states have no county requirement at all.

International Residency Requirements

Canada (all provinces): At least 12 months of ordinary residence in the province immediately before filing. Joint applications require only one spouse to meet this.

England and Wales: No fixed residency period. Either spouse must be "habitually resident" or "domiciled" in England or Wales. Habitual residence generally means living there with a settled intention.

Scotland: 12 months of residence in Scotland before filing, plus 40 days at your current address.

Ireland: You or your spouse must be ordinarily resident in Ireland, or have been domiciled there at the time of filing.

Australia: You must be an Australian citizen, be regarded as domiciled in Australia, or have ordinarily been a resident for 12 months immediately before filing.

New Zealand: You must be domiciled in New Zealand at the time of filing.

Singapore: At least one spouse must have been habitually resident in Singapore for 3 years before the date of the writ.

What "Residency" Actually Means

Residency for divorce purposes is not the same as having a mailing address or owning property. Courts look for:

• Physical presence — you actually live in the state or country
• Intent to remain — you are not temporarily visiting or stationed there
• Evidence — voter registration, driver's license, utility bills, lease or mortgage, children enrolled in local schools

Military personnel often have complications because their legal domicile may differ from their duty station. Most states have special provisions for service members, and the Servicemembers Civil Relief Act provides additional protections.

What Happens If You Recently Moved

If you moved to a new state and do not yet meet the residency requirement:

• Option 1: File in your previous state if you still meet its residency requirements (some states allow this)
• Option 2: Wait until you meet the new state's requirement before filing
• Option 3: Have your spouse file in their state if they meet its requirements

Do not try to establish residency solely for divorce purposes. Courts can dismiss cases where they determine residency was manufactured.

When Both Spouses Live in Different States

Either spouse can file in their own state (assuming they meet its requirements). The state where the case is filed controls the divorce grounds and property division laws.

If you have children, the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) generally requires custody to be decided in the child's "home state" — the state where the child has lived for the last 6 months.

This creates situations where the divorce is filed in one state, but custody decisions must follow the laws of another.

Plan Your Filing Location

Where you file affects your waiting period, filing fees, property division rules, and whether you need a court appearance. The Uncontested Divorce Step-by-Step Roadmap includes a jurisdiction quick-reference covering residency requirements, filing fees, and waiting periods across major jurisdictions — so you can confirm eligibility before you start.