What are the residency requirements for a divorce in California?

Full question:

I live in California and would like to know the residency requirements to be complied for filing a divorce in California.

  • Category: Divorce
  • Date:
  • State: California

Answer:

In California, to obtain a divorce at least one of the spouses must have been a resident of the state and county in which divorce will be filed for at least six months. The relevant statute is Fam. Code, § 2320(a).

Fam. Code, § 2320(a) states:
 
"(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition."

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

The 6-month rule in California means that at least one spouse must have lived in the state for six months before filing for divorce. This residency period ensures that the court has jurisdiction over the case. Additionally, the spouse must reside in the county where the divorce is filed for at least three months prior to filing. This requirement is outlined in California Family Code § 2320(a). *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.*