Leaving California During a California Divorce
Filing for divorce in California requires certain residency requirements to be met. Here’s everything you need to know about moving out of state during a California divorce.
While it is legal, moving out of state during a California divorce can be challenging. In California, both spouses must be present in court during divorce proceedings.
Can a spouse legally move out of California during a divorce?
During the process of divorce, California courts often face problems revolving around where each spouse resides, as this sort of information can affect involved children amongst other factors. That being said, a spouse can legally move out of California during a divorce. Unlike criminal cases, most divorce cases do not forbid individuals from traveling or even living wherever they would like. As long as each spouse is present in court when necessary, they have the right to reside anywhere – even if it is outside of California.
Do spouses have to live in California for a divorce case to be handled in California?
For a divorce case to be finalized in a particular court, spouses must meet the court’s residency requirements. California law states that at least one spouse must be a legal resident of the California county in which the divorce is filed. Thus, even if a spouse has moved out of a county, he or she is able to file for divorce in that county if the other spouse remains and fulfills certain residency requirements.
Residency requirements include at least one spouse having lived in California for a minimum of 6 months prior to filing for divorce, with at least 3 of those months spent in the county where the divorce is filed. If one spouse leaves the state before the divorce is officially filed, the case can continue to be handled in court so long as the other spouse fulfills the aforementioned requirements. That being said, both spouses must be present in court during court proceedings, therefore moving out of state can sometimes serve as a disadvantage. In California, once a divorce is filed in a court, the case must be finished in the same court. Therefore, signing documents, testifying, or handling other matters that involve being present in a court make it challenging for spouses to live far away.
Related: California Divorce Residency Requirements
Can a party move out of California during a divorce if children are involved?
In California, divorcing couples that have children may be barred from leaving the state. California courts necessitate that child support orders must dictate custody arrangements involving children. If the court dictates that both parents share custody, the order may prevent the parents from living a large distance apart from one another, as this could affect the shared custody agreement. Generally, child custody laws do not allow shared custody to take place over long distances and prohibit one parent from being too far away from the other when with the children. Thus, although possible, it is very difficult to move out of state during or following a divorce if parents have shared custody and children are involved.
Related: Interstate Child Custody Laws in California
Can the spouse that moved out of state file for divorce in California?
A spouse can file for divorce in California after moving out of the state if certain requirements are met. The spouse not moving out of state must remain and have lived in the county where the divorce is being filed for at least 3 months, and in California for 6 months. In filing for divorce, only one spouse has to meet the residency requirements. This is because California treats both spouses equally. Thus, it does not matter which spouse files for divorce (both are allowed to). However, both spouses must be present in court during the divorce proceedings.
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