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 Wisconsin, the residency requirement for filing for divorce stipulates that at least one of the spouses must have been a resident of the state for a minimum of six months and a resident of the county where the divorce is filed for at least 30 days prior to filing. This requirement ensures that the court has jurisdiction over the divorce case. If the spouses have minor children, Wisconsin law also requires that the children must have been residents of the state for at least six months, or since birth if they are younger than six months old. This is to ensure that the Wisconsin courts have jurisdiction over matters involving child custody and support. These requirements are found in the Wisconsin Statutes, specifically within the chapters that address family law and domestic relations. It is important for individuals considering divorce to consult with an attorney to understand how these laws apply to their specific situation.