Residency Requirements in Divorce
Residency requirements are a key aspect of divorce law. They help determine whether a court possesses the legal authority, known as jurisdiction, to handle a divorce case. This authority empowers a court to hear and make binding decisions on a legal matter. Understanding these requirements is essential for spouses seeking a divorce.
Why Residency Matters
Jurisdiction, in the context of divorce, refers to a court's "permission slip" to make legally binding decisions. Without it, a court cannot legally dissolve a marriage or make orders regarding child custody, support, or property division. When initiating a divorce, a spouse must file in a court that has jurisdiction over their case. If a court hears a case without jurisdiction, any judgment it makes is likely to be overturned on appeal, causing significant delays and expense.
What Are Residency Requirements?
States have established minimum periods for which at least one spouse must reside within their borders before filing for divorce. These periods vary, ranging from a few months to a year or more. For example, California requires a spouse to be a resident of the state for six months before filing for divorce. Other states may specify three or 12 months of residency. These requirements ensure a meaningful connection between the divorcing spouses and the state's court system.
Military Divorce
Military service members and their spouses often face challenges regarding residency requirements. Certain provisions allow a service member to file for divorce in their state of legal residence, even if they are currently stationed elsewhere, provided they maintain a significant connection to that state. A service member's legal residence, or domicile, is usually the state where they intended to return when they entered military service.
Relocation and Multiple Residences
Residency requirements can become complex when spouses relocate prior to or during the divorce process. If one spouse remains in the couple's former state of residence, and the other spouse has moved, the spouse who stayed may file for divorce once they meet the applicable time requirements. In situations where both spouses have recently moved, they may both need to wait until one of them satisfies the new state's or county's specific residency period.
Proving Residency
Courts generally require proof that a spouse has resided in the state or county for the legally mandated timeframe. Acceptable evidence may include a current driver's license, voter registration, rental agreements, property ownership documents, or utility bills dating back to the relevant period. Courts may also accept sworn statements from neighbors or employers to establish the length of continuous residency.
What Happens if Requirements Are Not Met
If the spouses fail to meet the residency threshold, the court may dismiss the case without making any rulings. The spouses then can wait until the state or county's time requirement is satisfied, or they can file in another state or county where one spouse has already established sufficient residency. Filing in the wrong jurisdiction can significantly delay the divorce process and lead to additional legal expenses.
