FILING FOR DIVORCE IN CALIFORNIA – RESIDENCY REQUIREMENTS
To file for divorce, either husband or wife must meet the following residency requirements stated in California Family Code Section 2320(a):
1. You or your spouse must have been living in California for the last six (6) months and
2. You or your spouse must have been living in the county where you are planning to file for divorce for the last three (3) months.
If you do not meet the aforementioned residency requirements the court may dismiss your case. Remember, it is not mandatory that both spouses meet the residency requirements.
If you married in any other state but California, you still can file for divorce in California if you meet the residency requirements. Also, remember, California is a no-fault state, you do not need to show and/or prove that it is your spouse’s fault.
ARE THERE ANY EXCEPTIONS FOR FILING FOR DIVORCE IN CALIFORNIA IF I DON’T MEET THE RESIDENCY REQUIREMENTS?
Yes, there is an exception for persons of the same sex. Please see California Family Code Section 2320 (b), a judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply:
- The marriage was entered in California.
- Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage.
For the purposes of Section 2320 (b), the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.
Otherwise, you must meet the residency requirements to file for divorce in California.
If you still urgently need to file for divorce before meeting the residency requirements, then you have another option. You can file for a legal separation and, when you meet the residency requirements, you will be able to amend your petition and ask for divorce.
Pursuant to California Family Code Section 2321, in a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residency requirements of Section 2320, either party may, upon complying with the residency requirements, amend the party’s petition or responsive pleading in the proceeding to request that a judgment of dissolution of the marriage be entered. The date of the filing of the amended petition or pleading shall be deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes only of the residence requirements of Section 2320.
Please contact me at 619-737-3919 to schedule a 30-minute initial complimentary consultation to discuss your personal situation.
DISCLAIMER: This Blog/Web Site/Article is made available by the lawyer/law firm publisher for educational purposes ONLY as well as to give you general information, not to provide specific legal advice. This article should not be taken in any way as legal advice on your specific legal matter.
NOTICE: This Blog/Web Site/Article constitutes advertisement materials and is meant for the residents of the State of California only. By using this Blog/Web Site/Article you understand that there is no attorney client relationship between you and the Blog/Web Site/Article publisher. The materials presented in the Blog/Web Site/Article may not reflect the most current legal developments, verdicts or settlements. These materials may be changed, improved, or updated without notice. The Law Office of Maria Rogova is not responsible for any errors or omissions in the content of this Blog/Web Site or for damages arising from the use or performance of this Blog/Web Site/Article under any circumstances.
