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 Washington State, the residency requirement for filing for divorce is quite straightforward. There is no minimum residency requirement for a spouse to file for divorce in Washington; one of the spouses only needs to be a resident of the state at the time the petition for dissolution of marriage is filed. The divorce can be filed in the county where either spouse resides. If the spouses have minor children, the state's child custody laws will come into play, which may affect the proceedings, especially if one parent has moved out of state. However, the primary consideration for filing remains the residency of at least one spouse within the state. These regulations are typically found in the Revised Code of Washington under the family law or domestic relations sections.