Legal Question in Family Law in California

Residency

If a spouse has been living out of state (CA) for over a year, does this spouse still meet the residency requirements to file for a divorce in CA. Spouse still owns half interest in real estate and makes occasional visits back to visit children.


Asked on 1/27/04, 1:51 pm

3 Answers from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Residency

Spouse would have to be a resident of the state of California for 6 months, and the county for 3 months to meet the residency requirement to file a Petition for Dissolution of Marriage,

Good luck to you.

Brian Levy, Esq.

www.calattorney.com

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Answered on 1/27/04, 4:26 pm
Damian Nolan Law Offices of Damian M. Nolan

Re: Residency

Short reply, NO! He must be a resident of the State of California for at least 6 months and a county in which he is filing for at leat 3 months. Sometimes, people file for a Legal Separation and later convert to a divorce action in order to overcome the residency requirements. Hope this is helpful. Regards, Damian Nolan.

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Answered on 1/27/04, 5:25 pm
Donald Holben Donald R. Holben & Associates, APC

Re: Residency

No. Six months residency required prior to filing petition.

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Answered on 1/27/04, 5:53 pm


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