Understanding Domicile in California Divorce Cases

With regard to the issue of California residency requirements in a divorce case, it is important to know that the person filing for divorce must have lived in California for 6 months prior to filing and for 3 months in the county they are filing in.

California Residency Requirements – How Do You Show Domicile?

The most important word to highlight whether you fulfill the California residency requirement is domicile. This can be broken down into two parts, one is intent to stay in the state and the other is physical residence in the State of California.

The most important thing to know when showing domicile is that it is at the very least not a black and white rule at all. There are a number of issues that the court will look at such as:

• Voter Registration
• Organizations, mail receipts and memberships
• Registration of vehicle and your driver’s license
• Residency or home ownership
• Filing of tax returns
• What banks hold your money and where

What You Should Ask Yourself Before Filing

A lot of the times you will find yourself unsure regarding the correct domicile to file for your divorce case. However, if you are unsure, it’s best that you ask yourself the following questions:

• How likely is it that your spouse will file for a divorce in another state?
• How well do you think you match up to the residency requirements to file for an Orange County divorce?
• Where are the children, financial documents and witnesses that back up your claims located? This is an important question because their presence in the county will help you establish domicile.
• Is it feasible in line with a cost benefit analysis for you to file in this jurisdiction and have the jurisdiction challenged, or for you to challenge jurisdiction in another state?

Getting divorced in California can be complicated.  Download our free eBook, 18 Important Things to Know About California Divorce to educate yourself on the process.  

Gerald A. Maggio is an experienced Orange County divorce and family law lawyer and family law attorney located in Irvine, California, serving the Orange County and Riverside areas. Mr. Maggio assists clients with legal issues including divorce, legal separation, divorce mediation, child custody, prenuptial agreements, stepparent adoptions, and other family law issues. Mr. Maggio has practiced law in California since 1999, and founded The Maggio Law Firm in 2005, focusing exclusively on divorce and family law matters.