California Residency Requirements for Divorce

Certain residency requirements must be met to file for divorce in California. These requirements ensure that the California courts have jurisdiction over the divorce case.

Residency Requirements

To file your divorce in a California court, you or your spouse must have lived in the state for at least six months and in the county where you wish to file for at least three months.

It is not necessary that both parties live in California. If one spouse lives outside the state, filing in the county where the petitioner lives will only make sense. However, if both parties live in the state, you will have a choice of filing in the county where either party lives.

Important Points

• Filing Location: The divorce petition can be filed in the Superior Court of the county where either spouse meets the residency requirements.
• Waiting Period: There is a mandatory six-month waiting period in California from the time the divorce petition is served on the non-filing spouse or the non-filing spouse files a response, whichever comes first, before the divorce can be finalized. This is separate from the residency requirement but is an important timeline in the divorce process.
• Non-Residents: If neither spouse meets the residency requirements, they may need to wait to file for divorce or consider filing in another state where they do meet the residency requirements.

Conclusion

Meeting the residency requirements is a crucial first step in filing for divorce in California. These requirements are designed to ensure that the state and county courts have appropriate jurisdiction over the divorce case.

It's important for individuals considering divorce in California to plan accordingly, especially if they have recently moved to the state or are considering moving in the near future.