Where Should You File for Divorce?

Each state has different criteria for who may file for divorce in that state. Usually some form of residency is required.

Before Katie Holmes filed for divorce from Tom Cruise, she spent part of every month for two years in New York. This behavior may seem odd. However, when you consider that New York courts usually avoid assigning joint custody to warring parents, filing in New York gave Katy an advantage in getting sole custody of her daughter Suri.

To file for divorce in Florida, one of the parties must be a Florida resident. If, however, one of the parties is not a Florida resident there may be distinct advantages to one state over another.

For instance in New Hampshire, you do not need to be a resident to file. You simply need to be present within the state. Filing costs are also relatively low. On the other hand, in neighboring Vermont you must be a Vermont resident for at least a year and have lived apart for over six months.

Florida is a relatively convenient state in which to file for divorce. The only requirements are being a resident of Florida for at least six months and for the marriage to be irretrievably broken.

On the other hand, in New York, one of the parties to the divorce must have been a resident for at least one year, and the marriage must have been broken for at least six months.

Since the best place to file for divorce depends on your specific needs, before filing consult with a divorce attorney familiar with the intricacies of family law. An experienced divorce lawyer can advise you as to the most advantageous location for you to file in.