A person does not have to file for divorce in the state in which they originally were married—unless both parties still reside in that state. However, persons can’t file for divorce in any state of their choosing. Generally, a party can take up residence in a state before he or she can file for divorce in that state. Some states have residency requirements before a party can file for divorce in that state. A few require a person to reside in a state for at least six months in a state before filing for divorce there.