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 Massachusetts, a spouse seeking a divorce must adhere to certain residency requirements as outlined by state law. According to Massachusetts General Laws Chapter 208, one of the spouses must be a resident of the state if the cause of the divorce occurred within Massachusetts. If the cause of the divorce happened outside of Massachusetts, at least one spouse must have lived in the state for a minimum of one year before filing for divorce. The divorce can be filed in the Probate and Family Court of the county where either spouse lives, but if both spouses live in Massachusetts and have minor children living with them, the divorce should be filed in the county where the children live. These residency requirements ensure that the court has jurisdiction over the case and are typical of the preliminary steps in the divorce process.