Legal Information: California


September 12, 2023

What are the residency requirements to file for divorce in California?

You or your spouse must have been a resident in the state of California for at least six months and a resident in the county where the divorce is going to be filed for at least three months prior to filing for divorce, except in the case of same-sex marriages.1

Spouses of the same sex can get a judgment for divorce, nullity, or legal separation even if neither spouse is a resident of California at the time the proceedings if:

  • the marriage was entered in California; and
  • neither spouse lives in a state that will dissolve the marriage. (If the state does not recognize the marriage, it is assumed that the state will not dissolve it).

In this case, the same-sex spouse would file in the superior court in the county where the marriage was entered.1

1 Ann.Cal.Fam.Code § 2320

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