Residency requirements for divorce in California
California has residency requirements for filing for divorce. Here’s what you need to know about California divorce residency requirements.
To file for the divorce of a marriage in California, either spouse must have lived in California for at least the last 6 months as well as the county in which they are filing for at least the last 3 months. However, there is no residency requirement for legal separations. In addition, to divorce in a domestic partnership, there are no residency requirements if the domestic partnership is registered in California.
Residency requirements for the divorce of a marriage
Like all states, California has residency requirements for filing for the divorce of a marriage. These residency requirements exist because divorce is a complicated and time-consuming process that varies state by state. Originally, states did not want people filing for divorce in their state simply to take advantage of state-specific divorce laws as this would have potentially deleterious effects on the efficiency of their family court systems.
In California, the residency requirement is as follows:
- At least one spouse must have lived in the state for the past 6 months, AND
- At least one spouse must have lived in the county in which they are filing for divorce for the past 3 months.
- If living in different counties, the spouses can file in either county.
These residency requirements are strict. When filing for divorce, a spouse will file Form FL-100, which requires the spouse to affirm that these residency requirements are met. If they are not met, then the court will reject the petition for divorce. Until divorce residency requirements are met, a couple can attempt to work things out or file for legal separation in the meantime.
Related: How to File for Divorce in California
Legal separations
As opposed to divorce, there are no residency requirements for legal separations. Legal separations are legal agreements in which married couples live apart from each other. Similar to a divorce, a judge can make orders regarding child custody, alimony, and more. However, they are still legally married. Once the residency requirements have been met, the couple can file an amended petition to ask for a divorce.
Related: Legal Separation Laws in California: The Basics
Divorce of a domestic partnership
When a couple registers their domestic partnership in California, they automatically agree to California courts having jurisdiction over their domestic partnership. Therefore, there are no residency requirements for the divorce of a domestic partnership in California. However, if the partners do not live in California, then the judge may not be able to make orders regarding child custody, alimony, and more.
Related: How to End a Domestic Partnership in California
FAQs
What are the residency requirements for divorce in California?
A spouse must have lived in California for the past 6 months and the county in which they are filing for the past 3 months.
What are the residency requirements for legal separation in California?
There are none. Spouses may file for legal separation until the residency requirement for divorce is met and then file an amended petition to ask for a divorce.
What are the residency requirements for divorce of a domestic partnership in California?
As long as the domestic partnership is registered in California, then there are no residency requirements.
My partner and I have only been living in California for one month, but I want to get away from them. What should I do?
Because the 6-month residency requirement has not been met, divorce will not be an option until 5 more months have passed. In the meantime, you can file for legal separation, which will allow you to separate from your partner and receive alimony or child support orders while still being legally married. Then, once 5 more months have passed, you may file an amended petition for divorce.
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