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 Rhode Island, a spouse seeking a divorce must adhere to specific residency requirements before filing for divorce. According to Rhode Island General Laws § 15-5-12, the plaintiff must have been a resident of the state for at least one year prior to filing the divorce complaint. The divorce can be filed in the county where the plaintiff resides, or if the plaintiff is a non-resident and the defendant is a resident, it can be filed in the county where the defendant resides. If there are minor children involved, additional considerations regarding custody and child support may affect the proceedings, but the residency requirement for filing the divorce remains consistent. It is important for individuals to consult with an attorney to understand how these laws apply to their specific circumstances, especially if there are complexities such as children's residency or if one spouse lives out of state.