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California State Divorce Residency Requirements

In order to file your Petition for Dissolution of Marriage in California, you must make sure the Superior Court has jurisdiction over your case. The most common way spouses are eligible to use a specific court system is by meeting the residency requirements. Meeting the California residency requirements is typically only a concern for a spouse who has recently moved or is planning to move in the near future. The filing requirements are as follows:

A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions.

The Dissolution of Marriage is typically filed with in county in which the filing spouse lives. (California Code - Sections: 297, 298, 2320, 2339)

Since a dissolution of marriage is governed by state law, it is required that you meet specific residency requirements in order to file for a dissolution of marriage in the state of California. It is most common that people file for a dissolution in the county in which they live. You can also read more about the California residency requirements in the California state statutes located at: http://www.leginfo.ca.gov/. If you are unsure of whether or not you meet the California residency requirements you can try contacting the Clerk’s office of the domestic relations or family law division of your county courthouse.