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 Missouri, a spouse seeking to file for divorce must meet certain residency requirements before initiating the process. According to Missouri law, at least one of the spouses must have been a resident of the state for a minimum of 90 days prior to the filing of the divorce petition. The divorce should be filed in the county where the petitioner resides, but if the petitioner is a resident of the state and the other spouse is not, the petitioner may file in the county where they reside. If there are minor children involved, additional considerations regarding jurisdiction and custody may apply, and the case may need to be filed in the home county of the children. These requirements are outlined in the Missouri Revised Statutes, specifically within the domestic relations or family code sections.