US Legal Forms
Legal Resources
Questions & Answers
Divorce
What are the residency requirements for divorce in California?

What are the residency requirements for 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: 04/07/2025
State: California

Answer:

In California, at least one spouse must be a resident of the state for six months and of the county where the divorce is filed for three months before filing the petition. This is outlined in California Family Code § 2320(a), which states that a judgment of dissolution of marriage cannot be entered unless these residency requirements are met.

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 is the 6 month rule for divorce in California?

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.*

What are the residency requirements for divorce in California?

In California, to file for divorce, at least one spouse must be a resident of the state for a minimum of six months. Additionally, that spouse must have lived in the specific county where the divorce is filed for at least three months. These requirements ensure that the court can properly handle the divorce case, as stated 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.*

What forms are needed to file for divorce in California?

To file for divorce in California, you typically need to complete several forms, including the Petition for Dissolution of Marriage (Form FL-100) and the Summons (Form FL-110). Additional forms may be required depending on your situation, such as the Declaration Under Uniform Child Custody Jurisdiction and Enforcement Act (Form FL-105) if children are involved. It's important to check with your local court for any specific requirements or additional forms needed. *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.*

Can you get divorced without going to court?

In California, it is possible to get divorced without going to court if both spouses agree on all terms of the divorce, including property division and child custody. This process is known as an uncontested divorce. Couples can file the necessary paperwork and may use mediation or collaborative law to resolve any disputes. However, if there are disagreements, a court appearance may be necessary to finalize the divorce. *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.*