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Where to File for Divorce

Where to File for Divorce

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Where to File for Divorce

It’s important to know that getting the correct document for a divorce petition isn’t the only thing to consider. Where to file for divorce matters. This is what you need to know:

The Legal Structure of the Court System

Knowing where to file for divorce will make the process that much easier for any Petitioner on so many levels, one of them especially being a general understanding of the structure of the court system.

For instance: state courts. We can start with that and understand that it’s the state that holds jurisdiction over the process of divorce. The first step to knowing where to file for divorce is to know that the state court is the answer.

Furthermore, depending on the state, the “superior” or “circuit” court may have what’s called a specific ‘family court’ division. That’s where to file for divorce, at least for certain states. For states that don’t necessarily have a “superior” or “circuit” court, the petition is then simply filed within the main civil division of the court system.

Many Locations on Where to File for Divorce

In addition, where to file for divorce can include several facilities that operate within the standard “superior” or “circuit” court of any given state.

For example: the state of California actually has several locations in each county for any divorce petition in any given county. In other words, if you’re a Petitioner filing for divorce in one county, you would have several locations in that county at which to file. It provides a convenience that is otherwise hampered by dealing with only one location, which generally is in each county in the downtown area of the major city of that county.

There Are Residency Requirements to Keep in Mind

The location of the divorce petition filing is definitely contingent on the fact that a Petitioner must be a resident of the county where the petition will be filed for a certain number of days or months. And it differs from state to state.

For example: in the state of California, it’s a fact that at least one of the spouses must  lived in the state for at least 6 months. Some states even require that a Petitioner or Respondent be a resident of the state for as little as six weeks or as long as one year before legally filing for divorce.

To go even further, additional requirements would even include county residency. Again, in the example of California, not only does a Petitioner or Respondent must be a resident of the state for at least 6 months, but must also be a resident of the county where the petition will file for at least 3 months.

For the most part, that dual requirement is necessary in all the other states for differing amounts of time. So consider the requirements carefully, based on the county you live in.

Location, Location, Location

Getting those things considered begins it all, and the truth is when all of that is taken care of, that’s half the battle. After all, if a Petitioner doesn’t meet those basic requirements, there’s no petition for divorce. Plain and simple.


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