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 Jersey, either spouse may file for divorce in the state as long as at least one of the spouses has been a bona fide resident of the state for at least one year before the filing of the action. The only exception to this rule is if the grounds for divorce are for adultery, in which case there is no duration of residency requirement. The divorce complaint should be filed in the Superior Court of New Jersey, Chancery Division, Family Part of the county where the plaintiff was residing when the cause of the divorce occurred, if they are still residing in New Jersey. If the plaintiff has moved out of New Jersey, they can file in the county where the defendant resides. When minor children are involved, the state may have specific provisions regarding custody and child support that could affect where the divorce should be filed. These requirements are outlined in the New Jersey Statutes, specifically within the Title 2A:34-10 which governs the causes for divorce from the bond of matrimony.