Residency Requirements

What are residency requirements?

Residency requirements are laws set out by each state. These laws tell us who is permitted to use the courts in that jurisdiction. They exist so that people are using the courts where they actually live (or have another reason to file in that court), instead of trying to pick the court they think will benefit them the most or using it as a way to inconvenience the other side.

What are California's residency requirements?

California law requires that a person be a resident of this state for 6 months prior to filing for divorce, and a resident of the county where the divorce is filed for 3 months prior to filing for divorce.

You can file for a legal separation without meeting the residency requirements. Later, after you have met the residency requirements, you can amend the legal separation petition to a divorce.

Where are you a resident?

Generally, you are a resident of the state and county where your home is and where you actually live. This will be the place where you get your bills, register your car, are registered to vote, socialize, and have your doctors and other professionals.

Have questions about where to file your divorce or other family law matter? Contact Romanovska Law.


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