California Info

California Divorce Start Your Divorce Find Professionals California Articles Divorce Facts Divorce Grounds Residency Divorce Laws Mediation/Counseling Divorce Process Legal Separation Annulments Property Division Alimony Child Custody Child Support Divorce Forms Process Service Grandparent Rights Forum California Products Divorce by County

California Articles

Agreements Attorney Relationship Custody & Visitation Child Support Collaborative Law Counseling Divorce/General Domestic Abuse Domestic Partnership Financial Planning Foreign Divorce Mediation Parenting Property Division Spousal Support SEE ALL

Info Categories

Contemplating Divorce Children & Divorce Divorce, Dollars & Debt Divorce Laws Divorce Process Divorce Negotiation SEE ALL

More Information

Articles Checklists Research Center Cases of Interest Dictionary Encyclopedia Encyclopedia (pop-up) Blogs

For Professionals

Advertise With Us Free Network Page Join Our Network Submit Articles Sign In

Network Sites

California Divorce Support California Divorce Online

Navigating Divorce Law
Statutory Residence Prerequisites for a Divorce in California

In order to satisfy the residency requirements to get a divorce, or dissolution of marriage in the State of California, at least one of the spouses must have been a resident of California for at least six (6) months prior to filing the Petition for Dissolution, and a resident of the particular County where the action is to be filed, for at least three (3) months prior to the filing. [California Family Code, A2320.]

The above-mentioned residency requirements apply only to divorces, or dissolution of marriage, as there is no residency requirement for Annulments or Legal Separations. It should be noted that if neither spouse presently satisfies the statutory residency requirements, but want to pursue a divorce/dissolution of marriage without delay, they have the option of filing for a Legal Separation, and then amending the Petition or Response, (depending on whether the party is the Petitioner or Respondent, to request a divorce/dissolution once the residency requirements are met. See California Family Code, A2321(a), as well as the case of: Forster vs. Superior Court (Forster), (1992) 11 Cal.App.4th 782, 785-786.

Do the residency requirements apply to California Registered Domestic Partnership Dissolutions?

The answer is no. Beginning January 1, 2005, domestic partners who register their partnership with the California Secretary of State, consent to California jurisdiction to dissolve the partnership, without any residency requirements. [California Family Code, A298(c)]. However, with respect to Domestic Partnerships that were entered into out-of-state, the same residency requirements for a California Divorce/Dissolution of Marriage apply.

Was this helpful? Like our site & let us know.

Related Articles

Start California Divorce Start Your California Online Divorce Today
Easy, Fast and Affordable with a 100% Guarantee.
California Divorce Find California Divorce Professionals in Your Area:
Join the Network
California Divorce Products, Services and Solutions California Divorce Products, Services and Solutions
California Divorce Resources to Help You Through the Process.
Online Parenting Class California Mandatory Online Parenting Class
Easy and convenient - complete at your own pace online.
Divorce and Custody Books Discount Divorce Bookstore
Over 100 Titles of the Best Books on Divorce & Custody.
Divorce Downloads Divorce Download Center
Instantly Download, Books, Manuals, & Forms.
Divorce Worksheet Free California Divorce Worksheet & Separation Agreement
Your Guide to Get Organized and Put Everything in Writing.
Joint or sole custody may be awarded based on the best interests of the child and other factors that include 1) the preference of the child, 2) the desire and ability of each parent to allow an open and loving relationship between the child and the other parent, 3) the child's health, safety and welfare, the nature and contact with both parents and 4) the history of alcohol and drug use. Marital misconduct may be considered.
Divorce Lawyers & Mediators

Find Professionals

Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
Enter Your Zip Code:


Start Your Divorce File for a California Divorce


Settle Your Divorce Negotiate Your California Divorce


Support Forum California Support Forum

Guarantee Official PayPal Seal Facebook Twitter Versign Secure Site
Limited Offer Women's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"The Absolute Best Investment in Your Divorce"

Men's Rights Manual For Divorce
Cover Price: $55.95
Your Price: $29.95
You Save: $26.00

"Uncover Your Options and Unleash Solutions"