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Requirements For Filing A Divorce

Any married person may file for divorce. However, all states have enacted residency requirements that prohibit temporary residents from filing for a divorce in their state.

Residency requirements make a "quickie" divorce impossible. The shortest residency requirement is in Nevada, which requires a 6-week stay, plus a witness who can testify to your residency before you are allowed to file for a divorce.

TIP: Where you file for divorce determines the location where the issues that exist now and that may arise in the future will be resolved. If you move to a state with a short residency requirement in order to obtain a divorce more quickly, you will have to travel to that state and appear in that court for all matters relating to the divorce. Additionally, that court may take jurisdiction over any children of the marriage and any changes to their status must be approved there.

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