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Residency Requirements in a California Divorce

California has its own set of divorce laws, including the residency requirements which must be met if you want to file for a separation or dissolution of marriage. According to the California Family Code, you must meet residency requirements before you can file.

One member of the marriage will need to prove he or she has been a California resident for at least six months and has lived in the county where the filing takes place for at least three months. As well, the husband and wife that are filing may have a separate domicile or residency depending on proof of the fact.

If you are filing for a divorce in the state of California and do not presently meet the residency requirements, you have several options. You can stop your divorce and attempt to reconcile your marriage, or you can choose to establish a residency in California. If you want to do this, then you will need to wait until you have been in the state for six months and resided in the same county for three months. While you will need to wait this length of time to file, you can start on the paperwork prior.

If your spouse meets the California requirements, then you can ask him or to file the divorce. You can also choose another state to file where you and your spouse may meet the residency requirements set forth. All state residency laws are unique, so you may want to explore the different requirements in various states to find one where you can file. If you want more information about navigating through residency requirements or believe that you are a "special case" and need assistance, then contact a San Fernando divorce attorney promptly for more information!

Categories: Divorce


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