Residency Requirement

General

The minimum amount of time you must live in a state or province before you can file for divorce there.

Example

She had to wait six months to meet Florida's residency requirement before filing for divorce.

Canadian Equivalent

In Canada, this is referred to as One Year Ordinary Residence (Divorce Act s.3 — must be ordinarily resident in the province for at least one year before filing).

Jurisdiction Variations

NEVADA

6 weeks residency

Nevada has one of the shortest residency requirements at just 6 weeks

ALASKA

No minimum residency

Alaska has no specific durational residency requirement; must be resident at time of filing

SOUTH-DAKOTA

No minimum residency

South Dakota has no minimum residency duration

WASHINGTON

No minimum residency

Washington has no specific duration; must be resident or military stationed in state

NEW-YORK

1 year (with conditions) or 2 years

New York has complex residency rules: 1 year if married in NY or lived in NY, otherwise 2 years

CALIFORNIA

6 months state / 3 months county

California requires 6 months state residency and 3 months county residency

TEXAS

6 months state / 90 days county

Texas requires 6 months state and 90 days county residency

FLORIDA

6 months

Florida requires 6 months residency before filing

divorcepetition