California Divorce Residency Requirements

Before you can file for divorce in California, you must meet specific residency requirements. These rules determine whether a California court has the authority to end your marriage.

State Residency Requirement

Under California Family Code §2320, you or your spouse must meet the following residency requirement:

At least one party must have been a resident of California for six months immediately preceding the filing of the divorce petition.

This means:

You must have lived in California for at least 6 months before filing
OR your spouse must have lived in California for at least 6 months
If neither party meets this requirement, you cannot file for divorce in California

County Residency Requirement

In addition to the state requirement, you must also meet a county residency requirement:

The person filing (petitioner) must have lived in the county where they file for three months immediately before filing.

This means if you live in Los Angeles County, you must file in Los Angeles County unless you’ve recently moved. If you’ve lived in California for over 6 months but only in your current county for 2 months, you may need to file in your previous county.

Special Situations

Military Personnel

Members of the military who are stationed in California but are not California residents can still file for divorce in California if they meet the residency requirements. Active duty military stationed in California are considered residents for divorce purposes.

If Your Spouse Lives Outside California

If you meet the residency requirements but your spouse lives in another state or country, you can still file for divorce in California. Your spouse must be served with divorce papers according to specific rules for out-of-state service.

Recent Moves

If you recently moved to California, you must wait until you’ve been here for 6 months before filing. However, if your spouse still lives in California and meets the residency requirement, you may be able to file sooner.

Where to File

File your divorce petition in the Superior Court of the county where:

You live (if you meet the county residency requirement), or
Your spouse lives, or
The county where you last lived together as a married couple

What Happens If You Don’t Meet Residency Requirements

If you file for divorce in California without meeting residency requirements, the court may:

Dismiss your case
Transfer it to the appropriate jurisdiction
Deny any orders you request

Alternatives If You Don’t Qualify

If you cannot meet California’s residency requirements, consider:

Filing for divorce in the state where you or your spouse currently reside
Waiting until the residency period is satisfied
Consulting with an attorney about legal separation (which may have different rules)

Frequently Asked Questions

Can I file for divorce in California if I just moved here?

No. You must have lived in California for at least 6 months before filing. If you just moved, you’ll need to wait until you meet the residency requirement.

Does legal separation have the same residency requirements?

Generally, yes. The same residency requirements apply to legal separation as to divorce.

Can I file for divorce in any California county?

No. You must file in a county where you or your spouse meet the 3-month county residency requirement.

What if my spouse lives in California but I don’t?

You can still file for divorce in the California county where your spouse resides, as long as they meet the residency requirements.

Next Step: Read our complete guide on How to File for Divorce in California for step-by-step instructions.