California Residency Requirements
The state of California has unique residency requirements for people who wish to terminate their marriage. You must meet these state-specific requirements prior to filing with your local county court. The California residency requirements are as follows:
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.
For the purpose of a proceeding for dissolution of marriage,
the husband and wife each may have a separate domicile or residence
depending upon proof of the fact and not upon legal presumptions.
The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (California Code - Sections: 297, 298, 2320, 2339)
If you DO NOT meet at least one of the above residency requirements, you have the following options:
- Establish residency in California for the period time set forth above (this does not mean you have to wait to begin the process of getting your documents).
- Have your spouse do the filing if he or she meets the California residency requirements.
- Choose another state in which you or your spouse meet the requirements (all states are unique, so be sure to check the state in which you were married as an option).
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