What Are the Residency Requirements to File for Divorce or Legal Separation in California?
To file for divorce in California, you must have been a resident of California for 6 months and of the county in which you are filing the divorce petition for 3 months immediately prior to the filing.
There are no residency requirements for filing for Legal Separation in California. Therefore, for persons who cannot meet the residency requirements for divorce, it may make sense to first file for Legal Separation and later amend their Petition into a divorce proceeding once they have met the residency requirements.
In situations where it is necessary to obtain custody, support and other orders from the court as quickly as possible, filing for legal separation first and later changing the proceeding into divorce may make sense.
For more information or to schedule a consultation, contact Orange County divorce attorney Gerald Maggio of The Maggio Law Firm, by visiting www.maggiolawfirm.com or calling (949) 553-0304.
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