California Divorces - Residency

The state residency requirements for California divorces are similar to most other states through the advent of reciprocal uniform acts which honor a standardized approach to marriage and child regulation. Although county residency requirements vary somewhat for venue, most states require 6 months continuous residency before courts may obtain jurisdiction. This requirement is intentionally designed to prevent one spouse from forum shopping - through temporary residency - to gain an advantage based on state variations. Divorces in California require:

• 2320. 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.
• 2322. For the purpose of a proceeding for dissolution of marriage, the husband and wife each may have a separate domicile or residence depending upon proof of the fact and not upon legal presumptions.

Absence from the state due to military service is not considered "out-of-state" residency for venue and jurisdiction in California divorces. Other work assignments may be considered out-of-state based on a case by case evaluation. A change of postal address and obtaining a state driver's license often satisfies state residency requirements as proof of intention to change state residency in California divorces.

California Divorces - Effective Date

2321. (a) In a proceeding for legal separation of the parties in which neither party, at the time the proceeding was commenced, has complied with the residence requirements of Section 2320, either party may, upon complying with the residence requirements, amend the party's petition or responsive pleading in the proceeding to request that a judgment of dissolution of the marriage be entered. The date of the filing of the amended petition or pleading shall be deemed to be the date of commencement of the proceeding for the dissolution of the marriage for the purposes only of the residence requirements of Section 2320. (b) If the other party has appeared in the proceeding, notice of the amendment shall be given to the other party in the manner provided by rules adopted by the Judicial Council. If no appearance has been made by the other party in the proceeding, notice of the amendment may be given to the other party by mail to the last known address of the other party, or by personal service, if the intent of the party to so amend upon satisfaction of the residence requirements of Section 2320 is set forth in the initial petition or pleading in the manner provided by rules adopted by the Judicial Council.

*References to statues are to the California Family Code.

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