Can I File for Divorce In California If My Spouse Is Out of State?

Divorce is not just an emotional process, it’s also a legal one, governed by specific residency and jurisdiction rules. One of the most common questions people ask is: “Can I file for divorce in California if my spouse lives in another state?”

The short answer is yes, but there are important requirements and considerations to keep in mind. California law sets residency rules for filing, and additional procedures apply when one spouse lives elsewhere. From serving divorce papers to determining which court has authority over property, support, or custody, understanding these rules is key to avoiding unnecessary delays.

In this article, we’ll walk through the basics of California’s residency requirements, how out-of-state service works, and what to expect when dividing assets, setting support, or handling custody when spouses live in different locations.

Residency Requirements in California

"Sometimes, clients are worried that they are unable to file for divorce in California if their spouse no longer lives in the state. And while it is true that you can file for divorce if only one party meets the residency requirements, it's important to remember that there are also residency requirements for the children if you are seeking custody orders as well as part of your divorce. If you want a California judge to make custody orders, then your children need to have lived in California for at least 6 months prior."

— Nicole You, Family Law Attorney

To file for divorce in California, you, or your spouse, must meet the state’s residency rules. These rules are straightforward:

• Six Months in California: At least one spouse must have lived in the state for a minimum of six months before filing.
• Three Months in the County: That same spouse must also have lived in the county where the divorce petition is filed for at least three months.

It’s important to note that only one spouse needs to meet these requirements. If you’ve lived in California long enough but your spouse has moved to another state, you can still file here. The court will have jurisdiction over the divorce, even if your spouse no longer lives in California.

"It's not uncommon for clients to initiate divorce proceedings while their spouse is living in another state, particularly in cases where the couple has already been separated for a significant period of time or where one spouse relocated for work, family, or personal reasons. One of the most common misconceptions is the belief that they must file in the state where their spouse currently resides. Jurisdiction to initiate divorce proceedings is generally based on the filing spouse’s residency, and most states only require that the person filing has lived in the state for a specific period of time—often six months to a year. For example, California has a mandatory residency requirement of 6 months before you can file for divorce. This residency requirement usually also applies specifically to the county in which you file." 

— Ashley Bell, Family Law Attorney

Jurisdiction Over the Divorce Itself

Once the residency requirements are met, California courts have the authority, known as jurisdiction, to dissolve the marriage. This means that even if your spouse lives in another state, the court can still legally grant your divorce.

It’s important to understand that jurisdiction over the marriage itself is different from jurisdiction over other issues like child custody, property division, or support. At this stage, the court’s power is limited to officially ending the marriage.

In other words, if you qualify under California’s residency rules, you can move forward with filing, and the court can finalize your divorce, even if your spouse is across the country.

Property Division & Support Orders

In addition to dissolving the marriage, California courts can also divide community property and issue spousal support orders, but things can become more complicated when a spouse lives outside the state.

Under California’s community property system, any assets or debts acquired during the marriage are generally subject to equal division. This applies regardless of where the spouse now resides. However, if your spouse has assets or income located outside of California, for example, a business in another state or property held elsewhere, extra steps may be needed to enforce California’s orders across state lines.

Similarly, courts can order spousal support (alimony), but only if it has personal jurisdiction over the person who will be required to pay support. This means that if you’re seeking to collect support from an out-of-state spouse, the California court may make a support order if that spouse was personally served with notice while in California, if they voluntarily submitted to the court’s jurisdiction by making a general appearance, or if another constitutional basis exists for exercising personal jurisdiction. (See Family Code §5700.201.)

Child Custody & Support Considerations

When children are involved, divorce jurisdiction becomes more complex. Custody decisions are guided by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which applies in California and nearly every other state.

Under the UCCJEA, a child’s “home state”, means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. In the case of a child less than six months of age, the term means the state in which the child lived from birth with any of the persons mentioned.

When it comes to child support, A California court can only issue a child support order if they have personal jurisdiction over the out-of-state spouse. The personal jurisdiction requirement can be met if the out-of-state spouse is personally served with notice in California, they make a general appearance in the case, they resided with the child in California, they resided in California and provided support during pregnancy, the child lives in California as a result of their acts or directives, they engaged in sexual intercourse in California and the child may have been conceived by that act, they have filed a declaration of paternity in California, or if there is any other constitutional basis to exercise personal jurisdiction. (See Fam Code 5700.201)

Serving Divorce Papers Out of State

Once you’ve filed for divorce in California, the next essential step is making sure your spouse is officially notified. This process, called service of process, ensures your spouse has a fair chance to respond. When your spouse lives in another state, service is still possible, but the method you choose matters:

• Personal Service: A professional process server, sheriff, or other qualified adult can personally deliver the divorce papers to your spouse at their out-of-state residence or workplace. This method is often the most reliable because it provides clear proof that your spouse received the documents.
• Service by Mail with Acknowledgment: You can send the papers by first-class mail or airmail, postage prepaid, to the person to be served, together with two copies of the notice and an acknowledgment form. Your spouse must sign and return this form for the service to be valid. While more convenient, this option depends on your spouse’s cooperation.‍
• Service by Publication: If your spouse cannot be located despite diligent efforts (such as checking public records, contacting relatives, or searching online), the court may allow service by publishing a notice in a newspaper. This is considered a last resort and requires court approval.‍
• Substitute Service of Summons: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, it may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box (See CCP 415.20)

No matter which method is used, proper service is critical. If the court determines that service wasn’t completed correctly, your case may be delayed, or even dismissed, until service is redone. Proper service also prevents your spouse from later arguing that they weren’t given notice, which could complicate enforcement of court orders.

Taking the right steps early to ensure valid service helps keep your case moving forward and avoids unnecessary setbacks.

Special Challenges & Delays

When one spouse lives outside of California, the divorce process can bring additional complications that may extend the timeline:

• Jurisdiction Challenges: An out-of-state spouse may contest whether California has the legal authority to decide certain issues, particularly property division or custody. Sorting this out can require extra hearings and legal motions.
• Travel Logistics: Hearings, depositions, or mediation sessions may require one or both spouses to travel. These logistics can slow progress and add to costs, especially if frequent court appearances are needed.
• Extended Timelines: Communication across time zones, mailing delays, and coordinating schedules often make cases with out-of-state parties take longer than purely local divorces.

"When spouses live in different states, I often recommend remote hearings and mediation sessions — it keeps the case moving without unnecessary travel costs, and clients usually feel less stressed handling difficult issues from the comfort of their own space."

— Garen Gevorkian, Family Law Attorney

These challenges don’t make divorce impossible, they just require careful planning and strong legal strategy to minimize unnecessary delays.

Conclusion & Next Steps

The short answer is yes, you can file for divorce in California even if your spouse lives out of state. However, issues like property division, support, and child custody can become more complicated when jurisdiction crosses state lines. Travel logistics and contested filings can also add to the timeline.

That’s why having experienced legal counsel matters. The right attorney will help you understand California’s residency rules, ensure proper service of papers, and protect your rights throughout the process, no matter where your spouse lives.

If you or your spouse live outside California and you’re considering divorce, contact Cage & Miles today. Our dedicated team will guide you through the process and make sure your interests, your family, and your future are protected.