What is typically required to seek divorce or legal separation in most states?

To seek a divorce or legal separation in most states, residency in the state by at least one party is typically required. This requirement ensures that the court has jurisdiction to hear the case. Generally, one spouse must have been a resident of the state for a certain period prior to filing for divorce or legal separation, which can vary by state. This means that the spouse seeking the divorce must prove a connection to the state, which allows them to access the state's court system.

Other factors, such as proof of marital misconduct or the presence of children, are not typically required to file for divorce or legal separation in most jurisdictions. In addition, an agreement from all parties involved, while it may be beneficial or necessary for certain aspects of the divorce process, is not a prerequisite for filing. The residency requirement is a fundamental legal standard, establishing where the divorce will be adjudicated and ensuring a proper legal process can take place.