Legal professionals of Reuter Law Group, PC
How do I know where to file my divorce?

How do I know where to file my divorce?

On Behalf of | Jan 31, 2023 | Military Divorce |

As a military member or spouse, you may move a lot. Where you currently live may not be a permanent home. If you want to file for divorce, you may question where you should file.

The rules for filing generally say you have to file in the county in which you live due to residency requirements. However, the rules differ for military families.

Choosing a location

Military couples have several options in where to file for divorce. You can do so in the location in which you currently live. You also have the option of choosing to file in the state of your legal residence if it is different. If you are already separated and live apart, you can also file in the state in which your spouse lives.

Making considerations

Where you file your divorce is an important factor in the whole process. State laws regarding divorce vary. You may find one of your options provides more favorable laws than the others. For example, Texas follows community property laws, whereas many other states use the concept of equitable distribution, which could impact the property division issues in your situation.

You may also want to think about travel. If you file away from where you live, it could become a hassle to travel for court dates or other meetings you will need to have.

It is imperative that you ensure you have a right to file in the location you wish. You may find you have to meet certain residency requirements to file, which could delay your ability to do so.

As the person filing, you get to choose the location, so choose wisely.