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 Alabama, the residency requirement for filing a divorce is that at least one of the spouses must have been a bona fide resident of the state for at least six months prior to filing. This is codified in Alabama Code Section 30-2-5. The divorce should be filed in the circuit court of the county where the defendant resides or in the county where the spouses resided when the separation occurred. If the defendant is a non-resident of Alabama, the plaintiff can file for divorce in the county of their own residence. When minor children are involved, additional considerations may apply, such as jurisdiction over child custody matters, which can affect where the divorce may be filed. It's important to consult with an attorney to understand how these rules apply to specific circumstances, especially since local practices and additional requirements may influence the process.