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 New Hampshire, either spouse may file for divorce in the county where either spouse lives. There is no minimum residency requirement for filing for divorce in New Hampshire, meaning that a person can file for divorce in New Hampshire without having to wait for any period of time after moving to the state. However, the court must have jurisdiction over the non-filing spouse, which generally requires that the non-filing spouse be served with the divorce papers within New Hampshire. If the non-filing spouse lives out of state, the filing spouse must follow specific procedures to ensure the court has jurisdiction. When minor children are involved, additional considerations may apply, such as determining which state has jurisdiction over child custody matters under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It is important to consult with an attorney to understand how these rules apply to a specific situation.