Filing requirements & residency rules

Filing for divorce in California isn't as simple as just showing up to court and asking to end your marriage. Like every other state, California has specific requirements you must meet before the court will even consider your case. These aren't suggestions or recommendations - they're mandatory legal requirements that can make or break your divorce filing.

Getting these requirements wrong can cost you time, money, and unnecessary stress. Some folks find out the hard way that they don't qualify to file where they thought they could, or that they're missing crucial documents. Don't let that be you.

How long do you have to live in California to file for divorce?

The most important hurdle you'll face is meeting California's residency requirements. These rules exist because California courts need to have legal authority (called "jurisdiction") over your case. Without jurisdiction, they simply can't help you, even if they wanted to.

Either you or your spouse must have lived in California for the past 6 months before you can file. Notice it says "or" - both of you don't need to be California residents. If you've been living in sunny San Diego for seven months but your spouse is still back in Ohio, you can still file for divorce in California.

But there's also a county requirement to consider.

Under California Family Code Section 2320(a), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

How long do you have to live in a California county to file there?

Here's where it gets a bit more specific. In your current California county for the past 3 months before filing. So if you moved from Los Angeles County to Orange County two months ago, you'll need to wait one more month or file in LA County instead.

What counts as being a California resident for divorce?

California law uses the concept of "domicile" when determining residency. Domicile has two components - first, physical presence in California and, second, an intent to remain here indefinitely.

This means you can't just rent an Airbnb in California for six months and call yourself a resident. The court looks at factors like:

• Where you work

• Where your children go to school

• Where you receive mail

• Where you vote

• Your driver's license address

• Bank account locations

• Memberships and organizations

The more of these factors point to California as the domicile, the more likely California will be considered the domicile.

Can I file for divorce in California if I don't meet residency requirements?

Don't panic if you're close but not quite there yet. You have options.

Can I file for legal separation instead of divorce in California?

You can file for a legal separation. Then, you can change (amend) to a divorce once you meet the requirements. Legal separation has much more relaxed residency requirements - one of you must live in California. There is no minimum amount of time for how long either of you have lived in California.

This strategy lets you get the ball rolling on important issues like child custody, spousal support, and property division while you wait to meet the divorce residency requirements.

Under California Family Code Section 2321, in a proceeding for legal separation where neither party has met the residency requirements of Section 2320, either party may amend their petition to request dissolution once they meet the residency requirements.

Should I wait to meet California divorce residency requirements?

If you're only a month or two away from meeting the requirements, it might make sense to wait. Use this time to gather your financial documents, research divorce attorneys, and prepare emotionally for what's ahead.

Can I file for divorce in another state instead of California?

Sometimes, a couple may meet another state's residency requirements to file for divorce. If you or your spouse came from a different state that you lived in for at least six months, you can return to that state and file for a divorce. Just make sure you check that state's specific requirements first.

Are there exceptions to California divorce residency requirements?

California recognizes that some situations require flexibility in the residency requirements.

Can same-sex couples file for divorce in California without residency?

If you married in California, but now live somewhere that doesn't allow divorces for same-sex couples, you can file for divorce in the California county where you got married. This exception recognizes that some states still don't provide equal divorce rights for same-sex marriages.

Under California Family Code Section 2320(b), a judgment for dissolution of a marriage between persons of the same sex may be entered, even if neither spouse is a California resident, if:

1. The marriage was entered in California, and

2. Neither party resides in a jurisdiction that will dissolve the marriage

Do domestic partners need to meet California residency requirements for divorce?

If your domestic partnership is registered in California, you don't need to meet the residency requirement to file for divorce. However, there's a catch: if neither of you meet the requirement, the court can end your partnership but may not be able to make decisions about property, support, or children.

If your domestic partnership was registered in another state, you'll need to meet California's regular residency requirements.

What documents do I need to file for divorce in California?

Once you've confirmed you meet the residency requirements, you'll need to gather the right paperwork. Missing even one required document can delay your case or get it dismissed.

What ID do I need to file for divorce in California?

Both spouses need valid, government-issued photo identification. Both parties must appear in person with a valid photo government-issued ID. No copies or digital images are allowed.

Acceptable forms of ID include:

• Current driver's license

• Passport

• State ID card

• Military ID

Do I need my marriage certificate to file for divorce in California?

You'll need proof of your marriage. This could be:

• Your original marriage certificate

• A certified copy from the county where you were married

If you divorced within the last 90 days, bring a copy of the judgment of divorce. This applies if either spouse was previously married.

What financial documents do I need for California divorce filing?

While not required for the initial filing, you should start gathering financial documents early:

• Tax returns (last 2-3 years)

• Bank statements

• Investment account statements

• Property deeds

• Vehicle titles

• Insurance policies

• Retirement account statements

How much does it cost to file for divorce in California?

California isn't cheap, and that includes getting divorced. The filing fees are among the highest in the country.

How much are California divorce filing fees?

Once you complete your forms, you need to file them with the court and pay a filing fee of $435-$450. The exact amount varies slightly by county, but expect to pay around $435-$450 to start your case.

Once you complete your Response, you need to file it with the court and pay a filing fee of $435-$450. So if your spouse files first, you'll pay the same amount to respond.

Can I get a fee waiver for California divorce filing?

If you can't afford the fee, you can ask the court to waive it. You qualify for a fee waiver if you receive public benefits, have a low enough household income, or cannot meet your household's needs if you pay the filing fee.

The court looks at factors like:

• Whether you receive public assistance (CalFresh, Medi-Cal, etc.)

• Your household income compared to federal poverty guidelines

• Your ability to pay for basic living expenses

What other costs should I expect when filing for divorce in California?

The filing fee is just the beginning. Other costs might include:

• Service of process fees: $40-$200 depending on who serves your spouse

• Certified copies: $15-$20 per copy of court documents

• Mediation fees: $100-$400 per hour if required by the court

• Attorney fees: $300-$600+ per hour for contested cases

If you don't qualify but both parties are in agreement, deeming it an uncontested divorce, costs are potentially around $1,500.

What are the age requirements for filing divorce in California?

California has straightforward age and capacity requirements for divorce.

How old do you have to be to file for divorce in California?

You must be at least 18 years old to file for divorce in California. If you're under 18 and married (which is possible with court approval and parental consent), you'll need special court permission to file for divorce.

What if someone lacks mental capacity to file for divorce in California?

You must have the mental capacity to understand the divorce process and make informed decisions about your case. If there are concerns about mental capacity, the court may:

• Appoint a guardian ad litem

• Require medical evaluation

• Postpone proceedings until capacity is established

Which California county should I file for divorce in?

You can file for divorce in any county where one of you meets the residency requirement. This gives you some flexibility in choosing where to file.

Can I choose which California county to file for divorce in?

If you and your spouse live in separate counties, file in the county that you have lived in for at least three months. You can choose the county that's most convenient for you.

Does it matter which California county I file for divorce in?

Different counties might have:

• Different processing times

• Different local court rules

• Different judges with varying approaches

• Different costs for certain services

However, don't overthink this - the differences are usually minor, and convenience should be your primary concern.

How does military service affect California divorce filing requirements?

Active military service can complicate residency requirements, but California provides some accommodations.

Can military spouses delay divorce proceedings in California?

If your spouse is on active military duty, they have certain protections that can delay divorce proceedings. However, these protections don't prevent you from filing if you meet the residency requirements.

Where do military personnel establish residency for California divorce?

Military personnel often maintain legal domicile in their home state even when stationed elsewhere. This can affect which state's residency requirements apply to your situation.

What mistakes should I avoid when filing for divorce in California?

Learning from others' mistakes can save you time and money. Here are the most common errors people make:

What happens if I file too early in California?

Jumping the gun on residency requirements is the most common error. Courts are strict about these timing requirements - being one day short can get your case dismissed.

What happens if I file in the wrong California county?

Make sure you understand which counties you qualify to file in. Filing in the wrong county means starting over somewhere else.

Do both spouses need to be California residents to file for divorce?

You do not both have to be residents, but the spouse filing for the divorce should be one. Only one spouse needs to meet the residency requirements.

Are domestic partnership divorce rules different in California?

If you're in a domestic partnership, different rules apply. Make sure you understand whether your partnership is registered in California or elsewhere.

What happens after I file?

Meeting the filing requirements is just the first step. Here's what comes next:

1. Service of process: You must serve your spouse with divorce papers within a specific timeframe

2. Response period: Your spouse has 30 days to respond

3. Financial disclosure: Both spouses must complete mandatory financial disclosures

4. Negotiation or litigation: Work toward settlement or prepare for trial

5. Final judgment: Court issues the divorce decree

Key takeaways

California's divorce filing requirements aren't negotiable, but they're not impossible to meet either. The key is understanding what's required and planning accordingly.

Remember these essential points:

• Either you or your spouse must live in California for 6 months and in the filing county for 3 months

• Filing fees range from $435-$450, but fee waivers are available

• You'll need valid photo ID and proof of marriage

• Special rules apply to same-sex couples and domestic partners

• When in doubt, consult with a family law attorney or court self-help center

Taking the time to understand and properly meet these requirements upfront will save you time, money, and frustration down the road. Your divorce is complicated enough without having to restart because you missed a basic requirement.

The path through divorce is never easy, but knowing you've properly started the legal process gives you one less thing to worry about. Focus on meeting these requirements correctly, and you'll be well on your way to resolving your divorce and moving forward with your life.