Legal Procedure

Residency Requirement

The minimum time a person must live in a state or county before they can file for divorce there.

Understanding Residency Requirement

Every state has a residency requirement that must be met before a court has jurisdiction to grant a divorce. Requirements range from no waiting period (Alaska, South Dakota) to one year (some states). Some states also require residency in a specific county. Military families may have special rules allowing filing in the state where they are stationed. Failing to meet the residency requirement can result in case dismissal.

Real-World Examples

She had to wait six months after moving to California before she could file for divorce there.

State-by-State Variations

Ranges from no requirement (Alaska, South Dakota) to 12 months (some states like New York for certain grounds).

Related Terms

Venue

The specific court location (usually a county) where a divorce case is filed and heard.

UCCJEA (Uniform Child Custody Jurisdiction and Enforcement Act)

A uniform law adopted by all 50 states that determines which state has jurisdiction over child custody matters.

Related Guides

Interstate Long Distance Divorce →

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This definition is provided for educational purposes only and does not constitute legal advice. Divorce laws and terminology may vary by state and jurisdiction.

Always consult a licensed attorney in your area for advice specific to your situation.