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Where do you file for divorce if you have moved from the state you were married in?

Where do you file for divorce if you have moved from the state you were married in?

Full question:

If you were married and lived in Louisiana but now reside in Arkansas after a long separation, can you file in either state or do you have to file ( divorce) in the same state you were married.

Category: Divorce
Date: 04/07/2025
State: Arkansas

Answer:

Louisiana law requires that the one or both of the parties must have been a resident of the State. For purposes of divorce proceedings, if a spouse has established and maintained a residence in a parish of the State of Louisiana for a period of six months, there shall be a rebuttable presumption that he has a domicile in this state in the parish of such residence. La. CCP Art. 10

A spouse must be a resident of the state of Arkansas for at least 60 days prior to filing for the divorce and the divorce will not be finalized until a 3 months waiting period has passed after the initial filing.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you divorce without going to court?

Yes, it is possible to get a divorce without going to court in some cases. This typically involves filing an uncontested divorce, where both spouses agree on all terms, such as property division and child custody. In such situations, you may be able to submit your divorce papers to the court without a hearing. However, specific procedures can vary by state, so it’s important to check the local rules for your jurisdiction.

Is there a way to get divorce without going to court?

Yes, you can obtain a divorce without going to court through an uncontested divorce process. This means both spouses agree on all aspects of the divorce, including property division and child custody. You will need to file the necessary paperwork with the court, but a hearing may not be required. Check your state's regulations for specific requirements.

How many years do you have to be separated to be legally divorced in Louisiana?

In Louisiana, you must be separated for at least one year before you can file for a no-fault divorce. If you have children, the separation period is also one year. However, if you file for divorce based on fault grounds, you may not need to meet a separation requirement. Always consult with a legal professional for your specific situation.

What determines what state you file for divorce in?

The state where you file for divorce is usually determined by residency requirements. Generally, at least one spouse must be a resident of the state where the divorce is filed. In Louisiana, you must have lived in a parish for at least six months, while Arkansas requires a residency of at least sixty days. It's important to consider where you and your spouse reside when deciding where to file.

Does Arkansas require separation before divorce?

Arkansas does not require a formal separation period before filing for divorce. However, if you are seeking a no-fault divorce, you must have lived apart for at least eighteen months. If you file for divorce based on fault grounds, you can file without a separation period. Always check the specific requirements for your situation.

What is the quickest way to get a divorce?

The quickest way to get a divorce is typically through an uncontested divorce, where both spouses agree on all terms. This process can be expedited by filing the necessary paperwork correctly and ensuring all agreements are in place. In states like Arkansas, you may also need to meet residency requirements and waiting periods, so it’s essential to understand local laws to avoid delays.