Filing for divorce in California requires specific residency requirements to be met before initiating the legal process. Understanding these rules ensures your case proceeds smoothly without unnecessary delays or dismissals.
Whether you just moved to the state or are considering alternative options, knowing the residency requirements will help you confidently navigate your divorce proceedings. This guide will break down the key requirements, exceptions, and alternative steps if you do not yet qualify to file in California.
Key Residency Requirements
Residency requirements for a divorce in California are laid out in CA Fam Code § 2320 (2024). To file for divorce in California, you must meet two primary residency requirements:
- Six-Month State Residency —Before submitting a divorce petition, you or your spouse must have lived in California for at least six months. This means that California must be your primary state of residence during this time.
- Three-Month County Residency —You must have spent a minimum of three months in the county in which you intend to file. This ensures the local court has jurisdiction over your case.
You may file in the county where one of you has lived for three months if your spouse and you reside in different counties. As long as one of you satisfies the residency requirements, you can still file for divorce even if you do not live together.
Residency Requirement Rule Exclusions
There are a couple of exceptions to California’s residency requirements.
Same-Sex Couples
Divorce can be filed by same-sex couples who were married in California but now reside in a state that does not recognize or dissolve same-sex marriages, regardless of residence requirements. In this case, you can file in the county where you were married.
Domestic Partnerships
If you and your spouse are in a California-registered domestic partnership, you are exempt from the residency requirements for married couples. Even if you have moved out or never lived in California, you can still file to end your domestic relationship there.
However, it is important to note that if your domestic partnership is not registered in California, you must fulfill the standard residency requirements. This includes living three months in the county where you file and six months in the state of California.
What Happens if You Don’t Meet Residency Requirements?
The court will dismiss your case if you or your spouse cannot meet the residency rules. There is no way to bypass these requirements, even if you recently moved to California. However, there are some alternatives.
- Legal Separation — If you don’t meet the residency requirements but want to at least start the process, you can file for legal separation instead. California has no residency requirements for legal separation. You can convert the separation into a divorce once you meet the six-month state and three-month county residency rules.
- Eligibility in Another State —You might be able to file for divorce in a different state. You may be able to go back to the state where you lived for at least six months and file for divorce there.
- Waiting Period —If you’re close to meeting the residency timeline, waiting it out may be the simplest solution. For instance, if you’ve lived in California for five months, you only need to wait one more month to file.
Proving Residency
Proving residency involves both physical presence and intent. If California is your primary home, you may still be eligible even if you have lived outside of it for a while for work or other reasons. A Petition for Dissolution of Marriage (Form FL-100) must be filed in the county where you have lived for the past three months. You must sign this document under oath, verifying that you or your spouse meet the residency requirements.
No-Fault Divorce State
California does not require proof of wrongdoing by either individual because it is a no-fault divorce state. You only need to state that your marriage is no longer working due to irreconcilable differences. Fault, such as infidelity or abandonment, cannot be used as grounds for divorce.
This simplifies the process, as the focus is on reaching a fair agreement about the terms of the divorce. Finding an experienced attorney who can help make orders about things specific to your case, like property division, name change orders, child custody orders, and spousal support, is important.
What if You and Your Spouse Live In Different States?
Jurisdictional conflicts may arise if you and your spouse live in different states or counties. The court will decide the appropriate location based on factors like your primary residence, where your children attend school, and other relevant considerations.
Some people consider seeking a “quickie divorce” in other states, but most states have their residency requirements. For example, Nevada requires six weeks of residency to file for divorce, so this may not necessarily be the faster or more convenient option than filing in California.
Take the Next Step: Contact The Gorski Firm
Meeting California’s residency requirements is a fundamental step in filing for divorce. Understanding these regulations ensures that your case moves forward without complications. Whether you are dissolving a marriage or a domestic partnership, consulting an experienced attorney can help you navigate jurisdictional challenges and make informed decisions about your future.
You don’t have to go through the divorce process alone. Whether you are just starting to explore your options or are ready to file, you can take the first step with our Bakersfield divorce lawyers at The Gorski Firm. Don’t let uncertainty or confusion delay your next chapter in life. Reach out to us today to get the guidance and support you need.
Contact us today for a consultation.
