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 Louisiana (LA), a spouse seeking to file for divorce must adhere to the state's residency requirements. According to Louisiana law, at least one of the spouses must have been domiciled in the state for a minimum of 12 months prior to filing for divorce. The divorce should be filed in the parish where either spouse resides if they are both Louisiana residents. If the spouses live in different parishes, the filing may occur in either parish. However, if one spouse is domiciled out of state, the filing should be in the parish of the other spouse's domicile. When minor children are involved, additional considerations may apply, and the divorce may need to be filed in the parish where the children reside. These requirements are typically found in the state's civil code or statutes that govern family law and domestic relations.