A spouse generally may file for divorce in the state and county in which the spouse resides—or in which the other spouse resides. In many states the spouse must have lived in the state or county for a specified period of time before filing for divorce.

Laws regarding this residency requirement and where a lawsuit for divorce may be filed vary from state to state and with circumstances in which the spouses share minor children.

Laws regarding the requirements for filing for divorce are usually located in a state’s statutes—often in the family code or domestic relations code.

In California, a spouse wishing to file for divorce must meet certain residency requirements. Specifically, at least one of the spouses must have been a resident of California for at least six months and a resident of the county where the filing is to take place for at least three months prior to filing for divorce. This applies to both spouses if they are living in different counties within California. If the couple has minor children, the children must typically have resided in the state for at least six months before a court in California will have jurisdiction over child custody matters. These requirements are outlined in the California Family Code. If neither spouse meets the residency requirement, they may file for a legal separation and then amend the petition to a divorce once the residency requirement is met. It's important to note that specific circumstances can affect the application of these laws, so consulting with an attorney for personalized legal advice is recommended.