The location where a divorce case can be initiated is generally governed by residency requirements. These requirements typically mandate that at least one party must reside in the state and, potentially, a specific jurisdiction (usually a county) for a certain period before filing. This establishes the court’s jurisdiction over the matter. For example, a state might require a resident to live within its borders for six months and within a particular county for three months before a divorce can be processed there.
Adhering to these jurisdictional rules is paramount to ensure the validity of the divorce decree. A divorce obtained in a location where residency requirements aren’t met may be challenged and potentially deemed invalid. Historically, these regulations were put in place to prevent “divorce tourism,” where individuals would seek divorces in jurisdictions with more lenient laws without having a legitimate connection to that location. These laws safeguard the integrity of the legal process and ensure fairness to all parties involved.
