Where to File for Divorce

Jurisdiction is a court's power to decide certain types of cases. Jurisdiction should not be confused with other important matters to consider before filing for divorce like residency and venue. Divorce Residency refers to how long you must live in a state before filing for divorce there. The Venue is the geographical location where you need to file your case; in divorce this is almost always the county where you or your spouse currently reside (your state may require a minimum amount of time you must reside in the county before filing).

The table below shows which court has jurisdiction over divorce cases in each state. As the table shows, in the vast majority of states, jurisdiction over divorce cases is vested in either the Circuit, Superior or District Court system in that county so that's the courthouse where you'll be filing your case. In New York, the county Supreme Courts have jurisdiction over divorce cases, and in Ohio and Pennsylvania, divorces cases are heard in the Common Pleas court. In Mississippi, divorce cases are handled in Chancery court. Depending on the county, your Tennessee divorce case may be heard in Chancery Court as well, although many Tennessee judges hear divorce cases in Circuit Court and sometimes even in General Sessions Court.

File Your Divorce Papers at the Right Office

Almost everywhere in the U.S., divorces are filed at the Court Clerk's office. The Court Clerk collects the Filing Fee and the divorce paperwork on behalf of the Court, and forwards your file to the judge assigned to your case. Note that New York are filed at the County Clerk's office, and Pennsylvania divorces are filed at the Prothonotary's office.

In large counties, there may be multiple branches that accept divorce filings. In Los Angeles County, California, for example there are 11 different branches that accept divorce cases. Filers there must use the Court Case Locator to determine the correct branch based on zip code. In Cook County, Illinois, the second most populous county in the U.S. and home to the City of Chicago, marital dissolution cases can be filed in any one of six locations regardless of where you live in the county. In most counties though, there's only one filing location.

State	Where to File
Alabama	Court: Circuit
Alaska	Court: Superior
Arizona	Court: Superior
Arkansas	Court: Circuit
California	Court: Superior
Colorado	Court: District
Connecticut	Court: Superior
Delaware	Court: Family
District of Columbia	Court: Superior
Florida	Court: Circuit
Georgia	Court: Superior
Hawaii	Court: Circuit (1st Circuit-Oahu, 2nd Circuit-Maui, Lanai, Molokai, 3rd Circuit-Hawaii (Hilo and Kona Divisions), 4th Circuit-Kauai)
Idaho	Court: District
Illinois	Court: Circuit
Indiana	Court: Circuit/ Superior
Iowa	Court: District
Kansas	Court: District
Kentucky	Court: Circuit
Louisiana	Court: District
Maine	Court: District
Maryland	Court: Circuit
Massachusetts	Court: Probate and Family Court Division
Michigan	Court: Circuit
Minnesota	Court: District
Mississippi	Court: Chancery
Missouri	Court: Circuit
Montana	Court: District
Nebraska	Court: District
Nevada	Court: District
New Hampshire	Court: Family Division
New Jersey	Court: Superior Court, Chancery Division, Family Part
New Mexico	Court: District
New York	Court: Supreme
North Carolina	Court: Superior
North Dakota	Court: District
Ohio	Court: Common Pleas
Oklahoma	Court: District
Oregon	Court: Circuit
Pennsylvania	Court: Common Pleas
Rhode Island	Court: Family Court
South Carolina	Court: Circuit
South Dakota	Court: Circuit
Tennessee	Court: Circuit/Chancery
Texas	Court: District
Utah	Court: District
Vermont	Court: Superior
Virginia	Court: Circuit
Washington	Court: Superior
West Virginia	Court: Circuit
Wisconsin	Court: Circuit
Wyoming	Court: District

See Also

• How Long Does It Take To Get Divorced?
• Top 5 Divorce Court Clerk Tips