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Residency Requirements for Divorce in California

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To file for divorce in California, there are certain residency requirements that must be met. These requirements are outlined in the California Family Code, specifically ยง 2320. Here are the residency requirements for divorce in California:

  • At least one party must have lived in California for at least six months before filing for divorce: This means that either the petitioner (the person filing for divorce) or the respondent (the other spouse) must have been a resident of California for at least six months prior to filing. Proof of residency may be required, such as a driver’s license, lease agreement, or voter registration card.
  •     At least one party must have lived in the county where the divorce is filed for at least three months: This means that either the petitioner or the respondent must have lived in the county where the divorce is filed for at least three months prior to filing. Proof of residency in the county may be required, such as a utility bill or bank statement.

It’s important to note that these residency requirements must be met before the divorce case can be filed in California. If the requirements are not met, the case may be dismissed. Additionally, if one spouse has recently moved to California and does not meet the residency requirements, they may need to file for divorce in their previous state of residence or wait until the residency requirements are met.