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 Vermont, a spouse seeking to file for divorce must meet certain residency requirements before initiating the process. According to Vermont law, at least one spouse must have been a resident of the state for a minimum of six months before filing for divorce. Additionally, the spouse must have resided in Vermont for a full year before the final divorce hearing can take place. The divorce should be filed in the county where either spouse resides. If there are minor children involved, Vermont courts also require that the children have resided in the state for at least six months, or since birth if they are less than six months old, before the court can exercise jurisdiction over child custody matters. These requirements ensure that the Vermont courts have proper jurisdiction to hear and decide on the divorce case and any related issues such as child custody and support.