Legal Question in Family Law in California
I wish to file for divorce from my astranged husband (been apart for 8 years). We filed for marriage in Los Angeles County and lived there for a year and half before moving then breaking up. What I'd like to know is if I can file for divorce in L.A. County even if i've lived in another part of california for the past 8 years and my "spouse" has lived in another state for the same amount of time?
2 Answers from Attorneys
To file for divorce in California, either you or your spouse must have lived in:
California for the last 6 months, AND the county where you plan to file the divorce for the last 3 months.
If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.
If you don't meet the residency requirement, you can still file for a legal separation.
Once enough time has passed so that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a divorce.
In case Mr. Roach's recital of the law left you confused as to the answer to your specific question: no, you cannot file in Los Angeles when you have not lived there for 8 years. You must file in the county in which you have lived for the most recent three months, or you must file where he lives.
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