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 (Note: 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