The ability to initiate divorce proceedings in a jurisdiction other than the one where the marriage was initially established raises a common question. Generally, divorce actions must be filed in a county where at least one spouse meets specific residency requirements. For example, many jurisdictions require a spouse to have lived in the county for a certain period, such as 90 days or six months, before a divorce case can be filed. This requirement aims to ensure a genuine connection to the jurisdiction before the court intervenes in the marital dissolution.
The reason for these residency rules lies in principles of fairness and judicial efficiency. Requiring a connection to the county prevents forum shopping, where parties strategically choose a location perceived to offer a more favorable outcome. Furthermore, it helps ensure the court has the necessary jurisdiction over both parties involved in the divorce, allowing it to enforce its orders effectively. Historically, residency requirements developed to prevent individuals from easily escaping their marital obligations by moving to a new location just to obtain a quick or advantageous divorce.
