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Does divorce have to be filed in the same state as one’s marriage?

On Behalf of | Sep 8, 2024 | Divorce

Filing for divorce is a difficult decision. People frequently pursue every alternative solution they can find before they decide to divorce. They might attend one-on-one counseling or couples therapy. They might attempt a sleep divorce where they move into separate bedrooms.

Unfortunately, issues ranging from misconduct like domestic violence to slowly growing apart can make a marriage difficult to sustain. Those thinking about divorce often have little knowledge about what the process entails. They may worry about disrupting their families and daily lives because of the legal proceedings involved. Some people worry that they may not qualify for divorce in Ohio if they recently moved to the state.

Do people have to file for divorce in the same state or jurisdiction where they initially married their spouse?

Divorce jurisdiction depends on residency

People often relocate during marriage. Either spouse might receive a lucrative job offer or secure enrollment at an institution of higher education. They may move back home when their parents fall ill.

People currently living in Ohio may have married in Georgia or Oregon. They do not need to leave Ohio to pursue a divorce. Instead, they simply have to meet the statutory residency requirements for a divorce to fall under the jurisdiction of the Ohio family court.

There are two requirements to file for divorce in Ohio. The first is that the person filing for divorce needs to have lived in Ohio for at least six months prior to filing. The second is that they need to have resided in the specific county where they want to file for divorce for at least 60 days.

Even if a family recently moved to Ohio, filing for divorce in Ohio may only require waiting a few weeks. It is important to understand that the divorce statutes in Ohio might be slightly different than they were in the other state where the individual lived previously.

Learning about Ohio’s divorce statutes can help those preparing to file for divorce feel more confident about their decision. Individuals who currently reside in Ohio may be eligible for a divorce here even if they previously lived and got married in another state.