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 Indiana, the residency requirement for filing for divorce stipulates that at least one spouse must have been a resident of the state or stationed at a U.S. military installation within Indiana for a minimum of six months immediately preceding the filing of the divorce petition. Additionally, one spouse must have been a resident of the county where the petition is filed for at least three months prior to filing. These requirements ensure that the Indiana courts have jurisdiction over the divorce case. If the spouses share minor children, the residency requirement for the children typically aligns with the parent who has primary custody. The specific statutes governing these requirements can be found in the Indiana Code, particularly within the sections pertaining to family law and domestic relations.