Can I get a divorce in the State where I was married even though I no longer live there?

The state in which you married does not have the power to grant a divorce merely by the fact that you were married there. Generally, you must have your “domicile” in the state in which you file for divorce and you must meet any other residency requirements of that state to file divorce (e.g. Kansas requires 60-days residence in order to file for divorce, but only “bona fide residence” to request an annulment or “separate maintenance”). You do not necessary need to “live” in the state where you file for divorce in order for that state to have jurisdiction; but you must have your domicile (or your spouse must have domicile) in that state (See Williams v. North Carolina, 317 U.S. 287 (1942) .

A person’s “domicile” is that place where the person considers as that person’s permanent place of residence, the place to which the person intends to return even if absent for days, weeks, or months or years. A person can remain domiciled in a place even after they have left it, so long as there is evidence that the person has maintained sufficient links with that jurisdiction without an intention to give up or permanently leave that place as domicile.

States define “residence” and “domicile” differently. And it is always a matter of proof to the judge before whom the matter is pending. See e.g. State ex rel Bradish vs. Ketzel,

Consult with a qualified family lawyer in the place where you claim you are a resident, or believe yourself “domiciled.” Having a valid drivers license and paying taxes in a state are two pieces of evidence that might be used to establish residence or domicile.