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.
3 Answers from Attorneys
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
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.
Re: Residency
No. Six months residency required prior to filing petition.