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 Georgia, the residency requirement for filing for divorce stipulates that at least one of the spouses must have been a resident of the state for a minimum of six months prior to filing. This is outlined in the Georgia Code, specifically in the section related to domestic relations. When it comes to the appropriate venue, a spouse can file for divorce in the county where the other spouse resides. If the respondent (the spouse who did not file for divorce) has moved out of Georgia, the petitioner (the spouse who is filing for divorce) can file in the county of their own residence. Additionally, if the spouses have minor children, there may be specific considerations regarding the county of filing to ensure that the court has proper jurisdiction over child custody matters. It's important to consult with an attorney to understand the specific legal requirements and implications when filing for divorce, especially when children are involved.