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Understanding Jurisdiction and Venue
Before you can file, you must make sure you're filing in the right place.
Jurisdiction (which state):
- Most states require 3-12 months residency before filing
- Usually file in the state where you or your spouse live
- If you recently moved, you may need to wait or file in your previous state
- Check your state's specific residency requirements
Venue (which county/court):
- Typically file in the county where you or your spouse currently live
- Some states require filing where you last lived together
- The family court, domestic relations court, or superior court handles divorces
Finding your court:
- Search "[your county] family court" or "domestic relations court"
- Your state court website has a court locator
- Call the clerk's office to confirm you have the right location
Filing in the wrong court can delay your case significantly. If you're unsure, call the clerk's office or consult an attorney.
Checklist
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