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California Residency Requirements

To file for divorce in California, either you or your spouse must have lived in:

  • California for the last 6 months, AND
  • The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you don't meet the residency requirement, you can still file for a legal separation.

Once enough time has passed so that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a divorce.

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Last modified: 03/17/2008

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