California divorce residency requirements explained

Posted by Adrian S. Doty, Esq. | Sep 06, 2022 | 0 Comments

If you intend to divorce your spouse in the Golden State, there are conditions you need to meet before you can file. One of them is your residency in the state. 

If you're planning a move along with a divorce, it's wise to understand the residency requirements in California before you start. 

The length of your residency matters

You can't just move to California and file for divorce right away. You or your spouse must have lived in California for six months before the filing date. Additionally, at least one of you must have lived in the county you are filing for divorce for a minimum of three months.

It is important to note that you do not both have to meet the residency requirements. If, for example, you moved to California a year ago and your spouse never joined you, you can go ahead and file for divorce where you live.

In some cases, it might be advantageous to obtain a legal separation (which has no residency requirements) from your spouse while you wait out the time necessary to file for divorce.

While legal separation does not end your marriage, it can enable you to lead a separate life away from your spouse. For instance, a judge may order maintenance after reviewing the prevailing circumstances after legal separation from your spouse. It also helps create a bright line that separates the marital property from anything you obtain or earn after the separation.

Understanding the divorce process is crucial

A lot happens in a divorce from property division to child custody and support. Experienced legal guidance will help you ensure everything is on track and safeguard your rights during the proceedings.

About the Author

Adrian S. Doty, Esq.

Adrian Doty is a Senior Associate Attorney at Sunnen Law. Mr. Doty began his legal career working as a civil litigation attorney in Los Angeles before moving to the Bay Area in 2014 where he gained complex civil and family law litigation experience working for one of the largest family law firms.He has experience with a variety of complex Family Law matters, including complex and high-net-worth case matters custody and visitation disputes, contempt and post-judgment enforcement, military-family law issues, and domestic violence restraining orders. Mr. Doty understands how emotionally difficult family law matters can be, which is why he is dedicated to the efficient management of his client's cases. While he always works to achieve settlements through negotiation when possible, he aggressively litigates to protect his clients' interests when necessary. 


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment