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How long do I need to wait to file for divorce in California?

On Behalf of | Nov 16, 2022 | Divorce |

Once the decision to divorce is made you and your spouse may be eager to simply get the process over with. Still, things do not always move as quickly as you would like. California has residency requirements that must be met before you or your spouse can file for divorce.

Residency requirements for divorce

There are residency requirements if you decide to divorce in California. Before you can file for divorce in California, either you or your spouse must have resided in the state for six months and one of you has to reside in the county you want to file for divorce in for three months.

The rules are a bit different for those seeking a legal separation. If you want a legal separation in California, you can file for one as soon as either you or your spouse moves to the state. However, if you want to change your separation from a separation to a divorce you must meet the state residency requirements discussed above.

Residency requirements are mandatory

These residency requirements are mandatory, even if you are simply citing “irreconcilable differences” as the grounds for your divorce. You and your spouse may agree that divorce is in your best interests, and you may even be on amicable terms with one another. Still, the state requires you to follow statutory waiting periods before filing for divorce.

Meeting residency requirements is the first step you must fulfill if you intend to file for divorce. After the residency period is met, you can file for divorce. If you have questions about residency requirements and the divorce process, there are professionals available to assist you as you pursue your dissolution.


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