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Moving To California? What About Divorce Residency Requirements?

The Law Offices of Ronald K. StitchMarch 16, 2020

Going through a divorce is not easy for anyone. If you are moving to California and are considering divorcing your spouse, you may be confused as to what steps you need to take, particularly if your spouse will be in another state. The good news is that you can divorce somebody whether they are in a different state or in California. However, you need to be aware have a residency requirement waiting period for California. At the Law Offices of Ronald K. Stitch, our Westlake Village divorce attorneys are here to help you get through every aspect of your divorce.

If you move, you may have to wait

To get divorced in California, a spouse or couple must meet certain residency requirements. While you do not have to divorce in the same state you were married then, you must meet the requirements for the state you currently reside in. If you or your spouse wish to obtain a divorce in California, you must reside in California. Only one spouse has to live in California in order for a divorce to commence.

  • You or your spouse must have been a resident of California for at least six months prior to filing for divorce.
  • You or your spouse must have lived in the county you are filing for divorce in for a minimum of three months. If either you or your spouse are California residents but have not been a resident in your current county for three months, then you can file for the divorce in the county you previously lived in.

What if I do not meet the residency requirements?

If you or your spouse do not meet the residency requirements for divorce in California, you can still file for a legal separation until the residency requirements are met. After you are legally separate, you will be able to amend the petition and ask for divorce once the time has passed and the residency requirements are met.

It may be the case that you meet another state’s residency requirements to file for divorce. If time is a pressing issue, you may wish to return to the state you and your spouse previously lived in to file for the divorce. You should check the divorce residency requirements for the state that you previously lived in before making a decision.

Regardless of whether or not you meet the California residency requirements for divorce, there is still a six month waiting period for all divorces in this state before they can be finalized.

Let us get to work for you today

If you are going through a divorce, or are considering it in the near future, you should seek legal assistance as soon as possible. Every aspect of a divorce can seem confusing, especially if you have just moved to California. At the Law Offices of Ronald K. Stitch, we are dedicated to helping clients get through this tough time. Our Westlake Village divorce attorneys will walk you through every aspect of your divorce case and formulate a plan that works for you. You can contact us for a free consultation by clicking here or by calling 818-237-4574.

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