Moving To California? What About Divorce Residency Requirements?

By The Law Offices of Ronald K. Stitch|March 16, 2020

Going through a divorce is not easy for anyone. If you are moving to California and considering divorcing your spouse, you may need clarification about the steps you must take, mainly if your spouse is in another state. The good news is that you can divorce somebody, whether they are in a different state or California. However, you must know you 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.

A spouse or couple must meet specific residency requirements to get divorced in California. While you do not have to divorce in the same state you were married in 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 for a divorce to commence.

  • You or your spouse must have lived in California for at least six months before 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 you or your spouse are California residents but have not lived in your current county for three months, you can file for 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 you do. Once you are legally separated, you can amend the petition and ask for divorce once the time has passed and the residency requirements are met.

You may 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 divorce. Before deciding, you should check the divorce residency requirements for the state you previously lived in.

Regardless of whether you meet the California residency requirements for divorce, there is still a six-month period before all divorces in this state can be finalized.

Let us get to work for you today.

If you are going through a divorce or considering it soon, you should seek legal assistance as quickly 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 calling 818-707-0202.

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