Legal Question in Family Law in California

Re: Out of state divorce

I believe Mr. McCrary is correct as the petition for dissolution of marriage asked whether petitioner or respondent has been a resident of California and 90 days the county in which the petition is being filed. Befoe filing the petition you should verify that he meets the above criteria.

Re: Out of state divorce

You can file for a dissolution of marriage in the County in California where your husband is living. In most counties you would not even need to return to the state in order to process an uncontested dissolution as testimony is taken be declaration, if you have an attorney. Let me know if I can help. Good Luck, Pat McCrary

Re: Out of state divorce

You can file, but you cannot get a divorce judgment unless you have resided in California for 6 months before filing. But if your husband files a response, he can ask for a divorce. Otherwise, you are going to have to pick a state and county of your residence. Residency is a tricky legal question. You can have residency in California while living and working in Nebraska so long as you have incidents of residency in California, i.e. a California driver's license, a place to receive mail, etc.