You are not required to file for divorce in the state you were married. However, you must meet the residency requirements for a state before the state has jurisdiction to grant a divorce. The residency requirements for filing a divorce vary by state.

The residency requirements for a California divorce are:

  • One of the spouses has been a resident of California for at least six months before filing a Petition for Dissolution of Marriage; AND,
  • Has lived in the county of filing for the past three months.

If you have not lived in the county of filing for at least three months, you must file in the county where you last resided for at least three months. You and your spouse do not need to live in the same county for you to file for divorce in California. As long as you meet the residence requirements, you can file a divorce petition in the county where you reside.

Residency Requirements for Same-Sex Couples and Domestic Partners 

There are different residency requirements to obtain a divorce in California for domestic partners and same-sex couples. 

Domestic partners are not required to meet the standard residency requirements for a divorce in California if their domestic partnership is registered in California. However, if the domestic partnership is not registered in California, you must meet the residency requirements. 

Furthermore, domestic partners can obtain a divorce without meeting the residency requirements if their partnership is registered in California. That said, the court might not have jurisdiction to decide other issues involving children, support, and property.

Same-sex couples can petition for a divorce in California without meeting the residency requirements if they live in a state that does not recognize same-sex marriage or divorce and they were married in California. In these circumstances, the court also might not have jurisdiction to decide matters related to support, children, or property. 

A legal separation is an option if you do not meet the residency requirements for a divorce in California. A spouse can file for legal separation any time after moving to California. When spouses meet residency requirements, they can petition the court for a divorce.

Since a legal separation is not a full-fledged divorce, there is no waiting period to obtain one.

You and your spouse remain legally married. However, you divide your marital property and debts as if you were getting divorced. A legal separation can also address spousal support, child custody, visitation, and child support obligations. 

Reasons why couples might seek a legal separation instead of a divorce include:

  • The couple does not meet the residency requirements for a divorce in California
  • Personal reasons or religious beliefs
  • The spouses want to remain married for financial reasons, including health insurance, taxes, and inheritance 
  • Parents wish to remain married for their children 

A legal separation resolves the same issues as a divorce. However, you cannot remarry unless you petition the court and obtain a divorce decree. 

What Is the Process of Obtaining a Divorce in California?

If you meet the residency requirements, you can file a Petition for Dissolution of Marriage with the court. The documents are served on your spouse with a summons requiring your spouse to file a response with the court within 30 days of service. 

The petition requests a divorce on the grounds of irreconcilable differences because California is a no-fault divorce state. Therefore, you do not need to prove your spouse did something wrong to break up your marriage. In addition, you can obtain a divorce even if your spouse does not want a divorce. 

The petition also seeks relief for issues related to the divorce, including:

In an uncontested divorce, your spouse files a response seeking the same relief you requested. In other words, your spouse agrees with everything you requested in the divorce papers. 

If your spouse does not file a response, the court holds your spouse in default. In that case, the court can grant a default judgment ordering a divorce without your spouse’s participation. 

Your spouse may contest the divorce. In a contested divorce, your spouse disagrees with the terms you requested in your petition for dissolution. Contested divorces can be settled through negotiation and mediation or by a judge’s order after a final hearing. 

Because you do not know how your spouse might respond, it is wise to seek legal counsel before filing for a divorce in California. A San Diego divorce lawyer can explain the divorce process, your legal rights, and steps you should take to protect yourself and your children during a free consultation.

Contact Our Divorce Law Firm in San Diego, CA

Contact our experienced San Diego divorce lawyers at San Diego Divorce Lawyers, APC today for legal assistance. Contact our San Diego office at (619) 866-3756 to schedule a free consultation.

San Diego Divorce Lawyers, APC
2851 Camino del Rio S #430
San Diego, CA 92108