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 Hawaii, the residency requirement for filing for divorce is that at least one of the spouses must have been domiciled or physically present in the state for a continuous period of at least six months before filing for divorce. Additionally, the spouse must have been a resident of the circuit in which they intend to file for at least three months. These requirements ensure that the state has jurisdiction over the divorce case. If the spouses have minor children, the same residency requirements apply, but the court will also consider the best interests of the children in determining matters such as custody and visitation. The specific statutes governing these requirements can be found in the Hawaii Revised Statutes, particularly within the family code or domestic relations code sections.