The Petition – Part 1 – Residency

The Petition – Part 1 – Residency

Where do you live?  That is an important and relevant question when filing for dissolution (less so if requesting a legal separation).  (See previous posting for the difference.)

If you want to divorce your spouse, one of you needs to have been a resident of California for the past six months. You need to have been a resident of the county you file in for the past three months.  If you recently moved, you can use the other person’s county.   Fam. Code § 2320.

If someone does not meet the residency requirement for dissolution, that person may file for legal separation and later amend the Petition when they later meet the residency requirements.

You may wish to talk to an experienced family law attorney before you file your Petition (or Response).

Next up – Statistical Facts (Date of Marriage and Date of Separation).