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 Delaware, the residency requirement for filing for divorce stipulates that at least one spouse must have been a resident of the state for a minimum of six months before filing. The divorce action should be filed in the county where either spouse resides. If the spouses have minor children, the residency requirement still applies, and additional considerations regarding child custody and support will be addressed under Delaware's family law statutes. The specific laws governing divorce, including residency requirements and procedures for filing, are found in Title 13 of the Delaware Code, which covers domestic relations. It is important for individuals considering divorce in Delaware to consult with an attorney to understand how these laws apply to their particular circumstances.