There is no requirement to get divorced in the same state where you got married. If you and your spouse got married in Michigan and then moved to Ohio, you don’t have to drive back across the border to end your marriage. You can just get a divorce in Ohio.
That being said, states do have residency requirements. This keeps people from switching states immediately before a divorce just because they think that the divorce laws in that state are more favorable to their position. They need to get divorced in the state where they actually live, following those local divorce laws.
In Ohio, the residency requirement is that at least one person – either you or your spouse – needs to have been in Ohio for six months. Note that this requirement is not imposed on both of you. If you moved to Ohio seven months ago and your spouse just joined you, you could file for a divorce even though they have not yet been in Ohio for six months.
Does this make the divorce take longer?
It can, but it won’t for most couples. After all, the majority of people thinking about filing for divorce in Ohio have lived there for years, if not their entire lives. This is already their home state and both people likely satisfy the residency requirements. Many couples hardly even think about them at all.
But for couples who have recently moved for work, school or other reasons, it is important to know that this requirement exists. If you haven’t yet lived in Ohio for six months, it can make your divorce take longer because you have to wait until that point to even file a petition and get the legal process started.
As you can see, it’s very important to understand all of the legal steps you’ll need to take during a divorce.