Residency Requirements for a California Divorce

I was married in a different state, can I get a divorce in California?


If you have been a resident in California for six months, and resided for three months in the county in which you file the divorce, you can file for divorce. If your spouse is not a resident of California, you may still file for divorce as long as you meet these requirements. If you and your spouse have lived in separate counties in the state for three months, you may file in either county. A permanent separation can be drafted and then filed while waiting to meet state residency requirements. Once met, you can file an amended petition and proceed to file for divorce. This can allow you to have issues such as child support, spousal support and responsibilities for debts under control while you wait for the residency requirements to be met to file.

In the case of domestic partnerships that have been registered in California, you do not have to meet any residency requirements. You may file if you have never lived in California because by registering in this state, you agree to the jurisdiction of California. If you did not register the domestic partnership, you will need to meet the standard residency requirements. In either case, you will need the assistance of a local Westlake Village family law attorney who knows how to best represent you when dissolving a domestic partnership, whether you are resident here or not. Issues concerning out-of-state property, any children and all issues related to support always require special attention and a high level of understanding of California law and divorce.

Same-Sex Marriage Divorce Residency Requirement

If you were married in California and now live in a state that will not dissolve a same sex marriage, you may file for divorce in the county in which you were married. No residency requirement will be necessary. However, the California Courts will not be able to make an order concerning children, property or support. Our firm, Richard Ross Associates, can provide you with the services of a certified family law attorney Contact us so that we can help you with all of the issues related to divorce, including property division, child support, and spousal support, as well as child custody. Our experience and knowledge of California law can make the process far less stressful, and allow for a more timely resolution in all divorce-related issues.

Contact us now for information about filing for divorce.