US Legal Forms
Legal Resources
Questions & Answers
Divorce
Which state should I file for divorce in if I was married in SC?

Which state should I file for divorce in if I was married in SC?

Q: How long do you have to be separated in South Carolina to get a divorce?

In South Carolina, you must be separated for at least one year before you can file for divorce based on the ground of continuous separation. If you file for divorce on other grounds, such as adultery, there may be no separation requirement. Always check with a legal professional for your specific situation.

Q: Do you have to file for divorce in the state you were married in?

No, you do not have to file for divorce in the state where you were married. You can file in any state where you or your spouse meet the residency requirements. It's important to check the specific laws of the state where you plan to file to ensure you meet all necessary criteria.

Full question:

I was married in SC in 1996 or 1997 and now live is WI. Which state do I have to file for divorce in?

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

Answer:

In Wisconsin, at least one spouse must have lived in the state for at least six months and in the county where you plan to file for at least thirty days before starting the divorce process. In South Carolina, one spouse must be a resident for at least one year before filing for divorce (or three months if both spouses live in South Carolina).

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

What is the minimum time to file for divorce after marriage?

There is no specific minimum time required to file for divorce after marriage in most states, including South Carolina and Wisconsin. However, you must meet residency requirements in the state where you file. It's essential to consult local laws or an attorney to understand any specific conditions that may apply.

How long do you have to be separated in South Carolina to get a divorce?

How to know which state to file a divorce in?

To determine which state to file for divorce, consider where you or your spouse currently reside. Most states require at least one spouse to be a resident for a certain period. Additionally, factors like where the marriage took place and where the children live can influence your decision. Consulting an attorney can provide clarity based on your circumstances.

What determines what state you file for divorce in?

The state where you file for divorce is typically determined by residency. At least one spouse must be a resident of that state for a specified duration. Other factors may include where the marriage occurred, where children reside, and where marital property is located. Each state has its own residency requirements, so it's important to check local laws.

What determines what state you get divorced in?

The state where you get divorced is primarily determined by residency requirements. You must file in a state where either you or your spouse has lived for a certain period. Factors like the location of marital property and children can also play a role. It's advisable to consult with a legal expert to ensure compliance with state laws.