What Are the Residency Requirements for Divorce in California?

One of the first questions many people have when considering divorce is whether they are even eligible to file in California. Residency requirements are not just legal formalities—they determine whether the court has jurisdiction to hear your case. Filing before meeting these requirements can cause serious delays, wasted legal fees, and even case dismissal. Understanding the rules will help you take the right first step toward dissolving your marriage in a way that avoids costly mistakes.

At Cage & Miles, we guide clients through these requirements from day one, ensuring their case is filed correctly and on time. Whether you have lived in California for years or recently moved, knowing how the residency rules apply to your situation is essential.

California State Residency Requirement

California is one of several states that requires a minimum amount of time living within its borders before you can file for divorce. At least one spouse must have lived in California for a continuous period of six months before filing the petition. This requirement applies regardless of whether it’s the spouse filing for divorce or the other spouse who meets it.

The state’s goal is to ensure that California courts only handle cases with a legitimate connection to the state. Proof of residency is typically required, and acceptable documentation might include a California driver’s license or ID card, a lease or mortgage statement, tax records, or even employment records. Without meeting this six-month minimum, your divorce case will not be accepted.

County Residency Requirement

In addition to the state requirement, California law also sets a county residency requirement. You—or your spouse—must have lived in the county where you plan to file for at least three months before filing. This rule ensures that cases are handled in the most appropriate and convenient local court.

For example, if you live in San Diego County but your spouse lives in Los Angeles County, you can choose to file in either county—provided the residency requirements for that county are met. Failing to file in the correct county can delay the process and may even require you to start over.

What If You Don’t Meet the Residency Requirements?

Not meeting the residency rules doesn’t mean you have no options. In California, legal separation does not require meeting the six-month state or three-month county requirements. This makes it a valuable alternative for couples who need immediate court orders for custody, support, or property division but don’t yet qualify for divorce.

Once you meet the residency requirements, you can convert the legal separation into a divorce without having to start the process from scratch. This approach is particularly helpful for people who recently relocated from another state or country but need legal protections right away.

"In practice, however, we don’t see legal separation used very often as a stop-gap. Most clients prefer to wait until they meet the residency requirements so they only have to file once. That said, when someone needs immediate court orders to establish custody schedules or financial protections, and the circumstances don't necessitate a restraining order, it can be an effective short-term strategy."

— David Cosgrove, Family Law Attorney

Military Members and California Residency

For active-duty military members stationed in California, the rules can be more flexible. A service member may be considered a California resident for divorce purposes even if their official “home of record” is in another state, provided they are stationed here for the required time. The same applies if their spouse meets the residency requirements.

In addition, federal laws like the Servicemembers Civil Relief Act (SCRA) offer certain protections, such as delaying court proceedings if military duties prevent active participation in the case.

Proving Residency to the Court

Meeting the residency requirement is one thing—proving it to the court is another. Judges may request evidence such as:

• A California driver’s license or state ID
• Rental or mortgage agreements
• Utility bills showing your name and California address
• Employment pay stubs or tax returns listing your California residence

You may also be asked to provide a sworn statement, under penalty of perjury, affirming that you meet the residency requirement. Providing thorough documentation from the start helps avoid delays and credibility issues later.

Common Issues and Mistakes

Residency requirements may seem straightforward, but many people make avoidable errors:

• Filing too early before the required time has passed, which can lead to the court rejecting the case.
• Confusing “domicile” with temporary residence—California requires actual living presence, not just owning property or intending to move here.
• Overlooking temporary absences—if you leave the state briefly for work or personal reasons, it may still count toward residency, but it can complicate proof.

Being proactive about these potential pitfalls can save you months of delays and frustration.

Attorney Insight

"Sometimes parties have separated and have agreed that one party can relocate to a new state with the children prior to filing any dissolution paperwork. This can complicate jurisdiction over child custody because the other state may have jurisdiction over the children rather than California. If the children have lived in the other state for six months or longer prior to any custody or divorce paperwork being filed, then the other state will likely be considered the children's "home state" and California will not have jurisdiction to make any custody orders relating to the children."

— Allison Kuska, Family Law Attorney

​​It’s common for one spouse to move out of the marital residence during a separation—even before formally filing for divorce. Sometimes, that spouse relocates to a different city or even a neighboring county. When that spouse later files for dissolution of marriage in their new county of residence, legal complications may arise, particularly regarding jurisdiction.

In California, residency plays a critical role in determining where a divorce can be filed. A court must have jurisdiction over both spouses and, if children are involved, over custody matters. If the other spouse and minor children remain in a different county, the court in the new county may not yet have jurisdiction, especially if the filing spouse has not lived there long enough to meet the statutory residency requirements.

"Moreover, when children are involved, courts often give significant weight to the child’s county of residence when determining jurisdiction over custody and visitation issues. This is why it’s essential to consider both how long you’ve lived in your current county and where your children reside before filing for divorce."

— Ashley Bell, Family Law Attorney

Special Considerations When Spouses Live in Different Counties or States

In today’s mobile society, it’s common for spouses to live in separate locations by the time they file for divorce. California law allows you to file in the county where either spouse meets the residency requirement. However, if one spouse lives out of state, additional rules about jurisdiction and service of process apply. Consulting with an attorney is critical in these cases to ensure your filing is valid and enforceable.

Sometimes, parties separate and agree that one parent can relocate to a new state with the children before any divorce paperwork is filed. This can create significant jurisdictional complications for child custody. If the children have lived in the new state for six months or longer, that state will usually be considered the children’s “home state,” meaning California courts may lose jurisdiction to make custody orders. Because these cases involve overlapping state laws, timing and strategy are crucial to protecting your parental rights.

How Cage & Miles Can Help

Navigating residency requirements can be confusing, especially if you have recently moved, split time between states, or have unique living arrangements. At Cage & Miles, our team guides clients through every step, ensuring their divorce petition is filed in the right place, at the right time, and with the right documentation.

We proudly serve clients across Southern California and also offer services for Spanish-speaking clients, helping ensure language is never a barrier to understanding your rights.

Key Takeaways

• You or your spouse must live in California for at least six months before filing for divorce.
• You or your spouse must also live in the county of filing for at least three months.
• Legal separation can be filed immediately and later converted to divorce.
• Military members may have different residency considerations.
• Filing in the wrong county or before meeting the requirements can cause delays.

FAQs

Can I file for divorce in California if I just moved here?

Not immediately. You must live in the state for at least six months and in the county for at least three months before filing. Until then, you may consider filing for legal separation.

What if my spouse lives in another state?

You can still file in California as long as you meet the residency requirements. However, additional steps may be needed to establish the court’s authority over your spouse.

Can I file in a different county from where I live?

Only if your spouse meets the residency requirements in that county. Otherwise, the case must be filed in your own county of residence.

What happens if I don’t meet the residency requirement?

The court will dismiss your case, and you will have to refile once you meet the requirements, which can delay your divorce.

Do military members have different rules?

Yes. Active-duty service members stationed in California may qualify even if California is not their legal domicile.

Conclusion

Meeting California’s residency requirements is the first step to a valid divorce filing. While the rules may seem simple, small mistakes—like filing too early or in the wrong county—can lead to major setbacks. By understanding the requirements and preparing the right documentation, you can start your divorce process without unnecessary delays.

If you’re unsure whether you qualify to file, or if you need immediate legal action through a legal separation, the attorneys at Cage & Miles are here to guide you. Contact us today to schedule a confidential consultation and take the first step toward your new future.