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What Are the Residency Requirements for Filing a Divorce in California?

What Are the Residency Requirements for Filing a Divorce in California?

Q: Can you marry someone who is separated but not divorced?

Yes, you can marry someone who is separated but not yet divorced. However, doing so may create legal complications, especially if the prior marriage is not legally dissolved. In most states, including California, it is advisable to finalize the divorce before entering into a new marriage to avoid potential legal issues.

Full question:

My spouse and I have been separated for 4 years now. I have been in Afghanistan working for the past 6 months. My new residence when I am back in the U.S. will be California. She still lives in Fulton County, Georgia. We separated in Georgia where I lived until December 2008. I want to pursue my divorce while I am here via California my new U.S. residence. I was told I have to file in Georgia in her residence county. Is that true or can I file in California? Again, I am not able to do much in person as I am here for now but want to get this going so that when I return I am done. She says she will sign the paperwork, by the way.

Category: Divorce
Date: 04/07/2025
State: California

Answer:

At least one of the parties to the dissolution action ("dissolution" is the technical California name for divorce) in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed.

The party filing for divorce must have been an actual and bona fide resident of the State of Georgia for at least six months prior to the filing of the petition for divorce and such divorce action shall be filed in that party's county of residence. If the filing party is a non-resident of the State of Georgia and the other spouse has been a resident of the state for six months, the filing party may file the petition in the county in which the other party resides.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens after 5 years of separation?

After five years of separation, you can still file for divorce, but the separation period does not automatically grant you a divorce. It may affect property division and spousal support, depending on the state laws. In California, for example, the court may consider the length of separation when making decisions about these issues. However, you will need to formally file for divorce to end the marriage legally.

Can you marry someone who is separated but not divorced?

Can I have a girlfriend while separated?

Yes, you can have a girlfriend while separated. Separation typically means that you are living apart and no longer functioning as a married couple. However, it's important to consider how this might affect divorce proceedings, especially regarding issues like spousal support or property division. Transparency with your spouse may also be beneficial.

What happens if you separate and never divorce?

If you separate and never divorce, you remain legally married. This means that you may still have legal obligations to each other, such as financial support or property rights. Additionally, if either spouse wishes to remarry, they must first obtain a divorce. It's advisable to formalize the separation through legal channels to clarify rights and responsibilities.

Is it considered adultery if you are separated?

Whether having a relationship during separation is considered adultery depends on the laws of your state and the circumstances of the separation. In many states, including California, if you are legally married, any sexual relationship with another person may still be viewed as adultery, which could impact divorce proceedings, particularly in matters of spousal support.

What is the 6 month rule in California?

The six-month rule in California refers to the residency requirement for filing for divorce. At least one spouse must have lived in California for six months before filing. Additionally, the filing spouse must reside in the county where the divorce is filed for at least three months. This rule ensures that the court has jurisdiction over the case.