A judgment of divorce cannot be granted unless one of the parties has resided in the state for at least 180 days immediately preceding the filing of the complaint and in the county where the complaint is filed for at least 10 days immediately preceding the filing. There are certain exceptions to this, such as when there is a risk of a minor child being taken out of the United States by a defendant who is a citizen of another country.
In addition, the law imposes mandatory waiting periods before proofs or testimony can be taken in divorce cases. In cases without dependent minor children, no proofs or testimony may be taken until 60 days after the filing of the complaint. In cases involving dependent minor children under the age of 18, the waiting period is extended to six months from the date of filing the complaint. The court may waive the six-month waiting period in cases involving minor children if there is a showing of “unusual hardship or compelling necessity.” However, even in such cases, the court cannot take testimony or render judgment until at least 60 days have passed since the filing of the complaint.
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