Divorce Residency Requirements in California: Who Can File and Where
California requires one spouse to have lived in the state for six months and in the filing county for three months before the petition is filed. Custody has a separate six-month home-state test.
What residence does a California divorce require?
Two periods, both measured before the petition is filed. A judgment of dissolution may not be entered unless one of the spouses has been a resident of California for six months and of the county where the proceeding is filed for three months next preceding the filing of the petition (Family Code 2320(a)). Only one spouse has to meet them, and the other can live anywhere. The California divorce timeline calculator adds the periods to the dates you enter and compares them with your filing date.
What if you do not meet the residence period yet in California?
You can file for legal separation first. When a spouse starts a legal separation without having met the residence requirements, either spouse can later amend the petition to ask for a dissolution once the requirements are met, and the amended filing date counts as the start of the dissolution case only for the residence requirements (Family Code 2321). The six-month wait for ending the marriage is a separate clock that runs from service or appearance.
Is there an exception for same-sex marriages in California?
Yes. A judgment of dissolution, nullity or legal separation of a marriage between persons of the same sex may be entered even if neither spouse lives in California, if the marriage was entered in California and neither spouse lives in a jurisdiction that will dissolve it; the superior court of the county where the marriage was entered is the proper court (2320(b)).
Where do you file for divorce in California?
In the superior court of a county where one spouse has lived for the three months before filing. The statute requires the three months in the county where the case is filed, so check that county with the family court clerk before filing.
Do both spouses have to live in the same county in California?
No. Only one spouse needs the six months in California and the three months in the county where the case is filed. For a dissolution, each spouse may also have a separate domicile or residence (Family Code 2322).
Does residence decide custody jurisdiction too in California?
No. Custody has its own test under the uniform child custody jurisdiction law. A California court can make an initial custody decision if California is the child’s home state when the case starts, or was within six months before and a parent still lives there (Family Code 3421(a)(1)). Home state means the state where the child lived with a parent for at least six consecutive months immediately before the case began (3402(g)). A parent who moves to California with a child can therefore be divorced here before California is the child’s home state; see the California parenting time calculator.
How do the residence periods and the six-month wait fit together in California?
They are separate clocks. For example, a spouse who moved to California and a county on March 1 completes six months in the state on September 1 and three months in the county on June 1, so the petition can be filed on September 1. If the other spouse is served that day, six months run to March 1 of the next year, and the marriage can end on March 2.
Frequently asked questions
How long must I live in California to file for divorce?
Six months in California and three months in the county where you file.
Do both spouses have to live in California to divorce there?
No. One spouse meeting the six-month and three-month rules is enough.
Can I file for legal separation before I meet the California residence rule?
Yes. You can amend the petition to a dissolution once the residence requirements are met.
Where do I file for divorce in California?
In the superior court of a county where one spouse has lived for three months before filing.
Does California residency decide custody jurisdiction?
No. Custody follows the child’s home state, which needs six consecutive months of living in California.
Official sources
- Family Code 2320: residence requirements
- Family Code 2339: six-month period before a judgment is final
- Family Code 2310: grounds for dissolution or legal separation
- Family Code 2400: summary dissolution
- Family Code 3170: mediation of contested custody
- Family Code 3421: initial child custody jurisdiction
- Family Code 3402: UCCJEA definitions, including home state
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited California statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed California attorney.