I Got Married in Nevada, Don’t I Need to Get Divorced There?
Not necessarily is the short answer. In fact, you can file for divorce in any other state in the U.S., as long as you meet the residency requirements and grounds for divorce in that state.
This can be an important fact for people to understand as they are planning for divorce because it can help them “shop” for states in which their interests may be better protected by divorce laws.
The following table presents a basic overview of the residency requirements for divorce for each state in the U.S. Please note that these requirements may change overtime as laws are updated in different states.
|State||Divorce Residency Requirement|
|District of Columbia||6 mos.|
|New Hampshire||1 year|
|New Jersey||1 year|
|New Mexico||6 mos.|
|New York||1 to 2 years|
|North Carolina||6 mos.|
|North Dakota||6 mos.|
|Rhode Island||1 year|
|South Carolina||1 year|
|Vermont||6 mos. to 1 year|
|West Virginia||1 year|
Just as different states have different residency requirements, so too are the grounds for divorce different from state to state. In general, however, some combination of the following may be applicable grounds for divorce in different states:
- No fault, irreconcilable differences
- Living separate and apart (for some minimum period of time, which varies from state to state)
- Judicial separation