States require residence or domicile for periods ranging from none to a year before filing. Some also impose a county residence requirement for venue.
Residency is jurisdictional for the marital status.
Alternative Names:
Divorce Residency|Domicile Requirement
Why it Matters?
Residency is jurisdictional as to the marital status, which means a decree entered without it may be void and subject to collateral attack, unlike venue defects that are waivable. Personal jurisdiction over the responding spouse is a separate requirement for support and property orders, so a state may have authority to dissolve the marriage while lacking authority to divide out-of-state property or order support.
Frequently Confused with
Related terms
Frequently asked questions
Is residency waivable?
Does residency support financial orders?
