Residency requirements for divorce in California

| Apr 14, 2021 | Divorce

There are a number of legalities that must be completed before a California divorce can be completed. While most couples want to speed up the process once they have decided to end the marriage, the reality is that certain issues must be resolved first. It is important to keep the following in mind when divorcing:

  • Fault does not have to be proven in California. Filers can get divorced based on irreconcilable differences.
  • California has a mandatory waiting period. No couple in California can get divorced in less than six months because of this.
  • Couples who are married or in a domestic partnership for less than five years may be able to get a summary dissolution if other requirements are met. This can be an easier than a divorce.
  • To file for divorce in California, the residency requirement must be met. This means either one of the parties must have lived in California for six months and in the filing county for at least three months. The residency requirement will be waived for same-sex couples who got married in California but live in a state where their marriage cannot be dissolved and they can file in the county they got married in but the court may not be able to make decisions on partner support or debt.
  • A couple wanting to dissolve a domestic partnership in California does not have to meet the residency requirement.

Every couple’s situation is unique, which is why no two divorces look alike. It can be helpful to consult an experienced attorney to discuss one’s expectations of the divorce and how to go about achieving them.

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