Residency Requirements for Divorce in California

July 20, 2012

Residency Requirements for Divorce in California

Moving from another state can put stress on a family. This may be especially difficult for military families, who often relocate based on assignment orders. If you have recently moved to California and are considering divorce, there are certain requirements that must be met.

Essentially, a California court may have jurisdiction over a marriage (and thus the power to dissolve it) if at least one spouse has lived in the state continuously for at least 180 days (six months) before filing a Petition for Dissolution. The filing party must also have lived in the county where the papers are filed for at least 90 days (three months) prior to filing them. If you and your spouse have lived in California for at least six months, but in different counties for at least three months, either of you can file in the county where you reside. For example, if you have lived in Orange County since March 2011 and your spouse moved to Riverside County only a month ago, the divorce petition must be filed in Orange County. However, if your spouse moved six months ago, the petition could be filed in ether Orange or Riverside counties.

Invariably, divorcing parties may have several places they call "home", especially if they spend extended periods of time in different states. For purposes of establishing jurisdiction, residency is generally determined by reviewing a number of factors, including:
-where a person owns property
-where he or she is registered to vote
-which state a particular vehicle is registered, and
-where the parties' children attend school

Nevertheless, if you do not meet the residency requirements for a California divorce, you can still file for a legal separation in the county where you currently reside. Once the required time has passed and you meet the residency requirements, you may file an "amended petition" and ask the court for a divorce.

In addition to residency issues, divorce carries a number of issues that can affect your legal rights. If you have questions about divorce in California, an experienced family law attorney can help.

Article provided by Razai Law Firm
Visit us at www.socaldivorceattorneys.com/