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How Long Do I Have to Live in California Before I Can File for Divorce?


Moving to a new state can be overwhelming, especially if you are going through a divorce. If you have recently moved to California and are looking to file for divorce, you're likely wondering how long you need to live here to establish residency before you can file. This blog post aims to provide you with all the information you need to know.

Tips for Meeting the Residency Requirements to File for Divorce in California

In California, the residency requirements to file for divorce are not easy to meet. There are rules that you need to follow, and it takes time. Understanding California's residency laws is crucial if you want to file for divorce successfully. So, let's dive into what you need to know:

  • You need to physically live in California for at least six months to file for divorce. This time is calculated from the moment you establish residency in the state. This means that the day you physically arrive and start living in California is day one. You would need to maintain your residency in California for the next six months without interruption.
  • The county where you live in the state should be your home county. You need to have lived in that county for at least three months before filing for divorce. If you recently moved to California, you would need to wait until you meet the three month residency requirements for the county you live in before you can file.
  • The courts in California require that you are legally separated for six months before a divorce judgment is entered. This means that after filing your divorce case, you and your spouse would need to live in separate homes for at least six months. It's essential to note that the actual time can be longer or shorter than six months, depending on your situation.
  • Meeting California's residency requirements doesn't mean that you can file for divorce right away. You would need to file the necessary forms with the court and provide proof of your residency to establish jurisdiction. It's essential to speak with your family law attorney to be sure of what documents you need to provide.
  • The waiting period for divorce in California is six months from the date of service of the divorce papers. However, keep in mind that the divorce process can take longer than six months. Factors that can affect how long the divorce process can take includes discovery, negotiations, and the complexity of the case.

Now you have an idea of how long you need to live in California before you can file for divorce. Remember, the process can take time, so plan accordingly and seek legal advice to ensure your divorce process is successful. The information provided above is crucial to establish residency to file for divorce in California. If you follow these rules, you will be able to file for divorce successfully.

Looking for a way out of your marriage in California? Arnold Law Group, APC can help. With over 30 years of combined experience, our family law attorneys have the knowledge and expertise to assist you. Contact us today to schedule a confidential consultation with our experienced and discreet divorce lawyers in Fresno. Call us at 559.900.1263 or reach out to us online.

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