Are There Residency Requirements For California Divorce?

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When filing for a divorce, a residency requirement may not be the first thing that comes to mind. However, most states have their own unique requirements and guidelines concerning residency and the ability to file for a divorce. It is no different in California, as there are stipulations regarding where and how long you have lived in the state that affects your ability to file. To learn more about residency requirements in California, continue reading our blog.

What Are The Main Requirements?

You might be wondering, what are the specific requirements regarding residency? Well, there are three main components that you need to keep in mind.

  1. One spouse must have been a resident of California for at least six months. Furthermore, they must have also lived in the county they are filing in for at least three months. You cannot file for divorce if these requirements are not met.

  2. The couple may also have separate residences or different homes that they are living in. This proof can be provided when filing.

  3. When the divorce is filed for, it will be in the county of the filing spouse. This means that one spouse may have to travel in order to continue with the divorce.

What If We Don’t Meet Them?

Now that you know the requirements, it may bring about concerns if you don’t meet the established guidelines. Well, there are other ways to file for a divorce. Keep these options in mind when preparing to file.

  1. Wait until you meet the time requirements outlined by the state of California. While it may be difficult to have patience, use this time as an opportunity to gather necessary documents and find legal representation.

  2. If your spouse meets specific requirements and you do not, you could have them file for the divorce. However, if you and your spouse are not on the same page about ending the marriage, this option may not be feasible.

  3. Consider filing in another state where you meet requirements. Make sure to do your research before relying on this option, though. Each state is unique in its own guidelines and approaches to the divorce process.

Have Questions? An Attorney Can Help

Do you have more questions about the residency requirements for a California divorce? The team at Bez Law Firm, P.C. can provide you with the answers you need. We can also help you get ready for your divorce in the meantime.


Need legal assistance in California? Contact us at (916) 512-8944 for a consultation.

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