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 Pennsylvania (PA), a spouse seeking to file for divorce must meet certain residency requirements as per the state's statutes. At least one of the spouses must have been a resident of the state for a minimum of six months immediately preceding the filing of the divorce action. The divorce can be filed in the county where either spouse resides. If the spouses have minor children, the divorce should typically be filed in the county where the children reside, unless there is an agreement otherwise. It is important to note that additional considerations may apply if one spouse is in the military or if there are other special circumstances. An attorney can provide specific guidance based on the individual facts of a case.