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Residency requirements for a California divorce

On Behalf of | Jan 13, 2021 | Divorce

Although a divorce can become an emotionally-driven event, it begins and ends with conformance to the legal requirements of the process. There are a number of different rules that individuals must follow in order to legally file for divorce in California. This post will address one of those requirements – residency – and how it can impact one’s ability to end their marriage in the state. No part of this post, though, should be read as legal guidance.

What is residency for a California divorce?

Residency is an important concept in areas of the law outside of divorce. Generally, residency in a location means that a person has lived in that location for a specified period of time. For the purposes of divorce, residency requirements can differ from state to state.

In California, a person must have lived in the state for at least 6 months to file for divorce, or their soon-to-be ex-spouse must have lived in the state for at least the same duration. There is another residency check, though. To be eligible to file for divorce in California, the individual or their ex must have lived in the county where the divorce would be filed for at least 3 months.

Are their exceptions to the residency rule for divorce?

It is important that readers talk to their trusted divorce and family law attorneys about their specific divorce questions and concerns. For example, an individual who wants to end their marriage but who does not meet the residency requirement for the state may choose to pursue a legal separation first before they ultimately end their marriage in divorce.

Divorce is a procedural, legal process that is often complicated by financial and emotional matters. It is important that individuals work with legal representatives who can support them in these and other divorce-related arenas. Beyond residency there are other rules that must be followed, and legal counsel is an excellent way for individuals to keep their divorce proceedings on track.