If you need to obtain a California divorce there is a state residency requirement and you can look to California Family Code Section 2320. Section 2320 requires that a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of California for six months and of the county in which the family law matter is filed for three months immediately before you file your petition with the Superior Court.
However, if you are obtaining a legal separation, please note that you may file a petition for legal separation before the residency requirement for divorce have been met. This means that if you cannot meet the state's residency requirement for divorce, an option may be to file for legal separation and then amend the petition to seek dissolution after at least one spouse has met the state residency requirement. If you have some doubts as to whether you or your spouse meets the state residency requirement for divorce in California, please feel free to contact one of our attorneys at Castellanos & Associates, APLC at (323) 655-2105. We will be happy to discuss with you the state jurisdictional requirements for obtaining a divorce in California.
However, if you are obtaining a legal separation, please note that you may file a petition for legal separation before the residency requirement for divorce have been met. This means that if you cannot meet the state's residency requirement for divorce, an option may be to file for legal separation and then amend the petition to seek dissolution after at least one spouse has met the state residency requirement. If you have some doubts as to whether you or your spouse meets the state residency requirement for divorce in California, please feel free to contact one of our attorneys at Castellanos & Associates, APLC at (323) 655-2105. We will be happy to discuss with you the state jurisdictional requirements for obtaining a divorce in California.
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