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Follow on Google News | Statutory Residence Prerequisites For a Divorce in CaliforniaYou must be a resident of the State of California for at least six months and of the County you reside in for at least three months prior to filing your Petition.
By: Barry I. Besser, Esq. 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, §2320.] 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, §2321(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? “Remember, he who represents himself has a fool for a client.” www.besserlaw.com # # # Besser law practice is a full-service law firm, handling matters involving family law, divorce, personal injury, civil litigation, criminal law, and DUI cases. www.besserlaw.com End
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