What Are The Residency Requirements For Filing For A Divorce?

02/13/2007 - Divorce - State: CA #692

Full Question:

I was living in California and filed for divorce in October 2006. I was going to serve my husband, but I ended up leaving California before doing so. I am living in Indiana now. Additionally, my husband served me in September of 2006. Can I complete the divorce while living in Indiana?

Answer:

Residency Requirements
At least one of the parties to the dissolution action in California must have been a resident of the state for at least six months prior to the filing of the action and a resident of the county in which the action is filed for at least three months prior to the action being filed.

Waiting Period
No judgment of divorce is final until six months have elapsed from the date the respondent was served with a copy of the summons and petition or the date of appearance of the respondent, whichever comes first.

Since you have been served with process, based on the above excerpts of California divorce law, there should be no problem proceeding with your divorce in California.

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02/13/2007 - Category: Divorce - State: CA #692

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