What Are The Residency Requirements For Filing For A Divorce?

Full question:

I was living in California and filed for divorce in October 2006. I was going to serve my husband, but I ended up leaving California before doing so. I am living in Indiana now. Additionally, my husband served me in September of 2006. Can I complete the divorce while living in Indiana?

  • Category: Divorce
  • Date:
  • State: California

Answer:

Residency Requirements
At least one of the parties to the dissolution action 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.

Waiting Period
No judgment of divorce is final until six months have elapsed from the date the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first.

Since you have been served with process, based on the above excerpts of California divorce law, there should be no problem proceeding with your divorce in California.

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

In California, abandonment occurs when one spouse leaves the marital home without the consent of the other spouse and with no intention of returning. There isn't a specific time frame that defines abandonment, but a prolonged absence can contribute to a claim. Generally, if a spouse is gone for several months or more, it may be considered abandonment, especially if they have not communicated their intentions. It's advisable to document the circumstances surrounding the absence for legal purposes.