Legal Question in Family Law in California
I'm in California, soon to be ex husband is in Oklahoma. I've only been here since December & was told you need to be a resident 6 months before filing. We were married in California, does that change anything or do I still have to be here 6 months? Can I file anything here preventing him from filing first in Oklahoma?
4 Answers from Attorneys
You don't met the residency requirements to file for dissolution of marriage here in California, but you could file a petition for legal separation. After you met the residency requirements, you can have the petition amended to seek dissolution of marriage.
What effect this will have on a case in Oklahoma, however, is not clear. You may want to ask what effect a petition for legal separation in California would have on a divorce proceeding in Oklahoma, which you should post in the category for Oklahoma attorneys to answer.
The requirement to file for divorce in California is residing in that state for 6 months and in the county where you file for 3 months before filing your divorce petition.
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