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 York, a spouse seeking to file for divorce must meet certain residency requirements as outlined by the state's Domestic Relations Law. The spouse must have lived in the state continuously for at least two years before filing for divorce. Alternatively, the residency requirement can be satisfied if the marriage took place in New York and one spouse has been a resident for at least one year, or if the couple lived in New York as a married couple and one spouse has been a resident for at least one year, or if the grounds for divorce occurred in New York and either spouse has been a resident for at least one year. Additionally, if both spouses are residents of New York at the time of filing and the grounds for divorce occurred in New York, there is no duration requirement. These residency requirements ensure that the New York courts have jurisdiction over the divorce case. When minor children are involved, additional considerations may apply, and it is advisable to consult with an attorney to understand how these might affect the divorce proceedings.