One of the most common misconceptions many people have about filing for divorce is that they can file for divorce in any state regardless of where they were married. Furthermore, many people think filing for divorce is a simple process of filing divorce papers and simply waiting for the rubber stamp to hit the paper thus freeing both spouses from the laws of matrimony.
The facts regarding divorce however are quite different, as a matter of fact each and every state in the nation have their own unique set of parameters that must be met before getting approval to legally submit the necessary divorce papers to file for divorce. Among the most basic of these tenants for divorce laws, are the laws that mandate residency requirements. In other words, before you will be granted and approved to get divorce in Florida, for instance, you must prove that have legally resided in that set for the specific amount of time as mandated by Florida Divorce laws. Today we are taking a look at some of the divorce laws that will help you establish residency in the given state in which you choose to file for divorce.
Florida Divorce Residency Requirements
Florida- for those looking to file Florida divorce papers the residency requirements are that at least one of the spouses must have been a resident for six months prior to filing for dissolution of marriage. The dissolution of marriage should be filed in either the county where the defendant resides or the county where the spouses last lived together prior to separating. [Florida Case Law and Florida Statutes Annotated; Chapter 61.021].
Getting Divorced in Texas?
For those wondering how to get divorced in Texas, Texas divorce residency requirements are fairly simple and forthright in that one of the spouses must have resided in Texas for six months prior to filing and 90 days prior to filing in the county where the divorce is filed. In addition, there is a 60-day waiting period after filing before a divorce will be granted. [Texas Codes Annotated; Family Code, Chapter 6.301]. Texas is one of the most popular states for those who file for divorce online and ranks among the top for states who utilize online divorce forms. If you are looking to file Texas divorce papers, it is very safe to say that you are in good company. The Dallas/Ft. Worth areas in particular have a very high rate of filing online divorce forms.
The Golden State; California Divorce Law
As for California divorce forms, should come as no surprise to those living in the golden state that California divorce law residency requirement are a bit more complex than other states. These requirements should be understood and acknowledged before filing California divorce documents. California divorce laws are very clear in that a spouse seeking to file for divorce must have been a resident of California for six months as well as be a resident of the county for three months where the divorce is to be filed. Much like Texas, California has a waiting period that goes into effect six months after the documents have been served or the appearance by the divorcee before the divorce is finalized. California Family Code Section 297 clearly states that partners in a domestic partnership are able to end their partnership by using documents available from any county clerk, or through the Secretary of State’s office. [Annotated Family Code; Sections 297, 298, 2320, and 2339]. Both spouses may each live in a separate location, provided that there is proof of the fact that both are living separately and not just upon legal presumptions. (California Code – Sections: 297, 298, 2320, 2339)
More Information on Divorce Law and Residency Requirements
These are but 3 examples of Residency requirements that must be met before being able to file for divorce regardless if you go the traditional divorce route or look to file divorce papers online. All of this information can be found on the MyDivorcePapers.com website for each states respective divorce laws. We have to gone to extraordinary lengths to provide the most, accurate, up to date divorce law and divorce information possible.