TDC Family Law
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Residency Requirements to Obtain a Divorce in California

California, as all states in the Unites States, has passed a law allowing a “no fault” divorce.  This means that one spouse does not have to have accuse the other of wrong-doing in order to file for a divorce.  Prior to the “no fault” law, spouses were falsely accusing each other of wrong-doing in order to end their marriages.  This way, a marriage can be ended without the accusation.  In California, both spouses do not have to agree on the desire to end their marriage.  Legal grounds for divorce can be as simple as claiming “irreconcilable differences” or medically proving your spouse suffers from incurable insanity.

California is a "Community Property" State

You do not have to have been married in California in order to file for divorce in California.  However, if you file for divorce in the state of California, you are bound to California laws.

You need to know that there are differences between the states when it comes to family law.  For example, California is one of only nine states where the division of assets is based on “Community Property” as opposed to “Equitable Distribution.”

With community property, taking several details into account, such as prior ownership or any pre or post-nuptial agreements, marital property is divided equally among the two spouses.  With Equitable Distribution, the assets are divided in a manner considered to be “fair and equitable”, however, this does not mean that assets are divided equally.

Please note: as California Law is based on Community Property, if you are living in or have moved from a state whose law is based on Equitable Distribution, and you have questions or concerns, you should contact a qualified Family Law attorney in that state.

What are the Residency Requirements in California?

Being aware of the California laws, you may file for a divorce in California under two conditions:
​
  1. You must be a resident of the State of California for at least six (6) months
  2. You must reside in the county in which you are filing for at least three (3) months

In California, there is also a waiting period for finalizing a divorce.  You will have to wait at least six (6) months after filing before the divorce can be finalized.

Contact TDC Family Law for a Free Consultation

Once you are ready to file for divorce in California and you understand the process, call the Law Office of Tracy Duell-Cazes, also called TDC Family Law for a free consultation at 408-267-8484.

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DIVORCE/CHILD CUSTODY/CHILD VISITATION/CHILD SUPPORT/SPOUSAL SUPPORT/PERSONAL PROPERTY AND REAL PROPERTY DIVISION/CONTEMPT/MODIFICATIONS/DCSS/COURT APPEARANCES/PRIVATE SETTLEMENT JUDGE/EX PARTE MOTIONS/DOMESTIC VIOLENCE/RESTRAINING ORDERS/BUSINESS MATTERS/CONSULTING ATTORNEY IN MEDIATION/ REGISTERED DOMESTIC PARTNERS (RDP) AND SAME SEX MARRIAGES
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  • Home
  • PRACTICE AREAS
    • Divorce
    • Spousal Support
    • Child Support
    • Child Custody
    • Visitation
    • Complex High Asset Divorce
    • Contempt of Court
    • Paternity
    • Mediation Coaching
    • Alternative Dispute Resolution - Mediation and Collaborative Divorce
    • Parenting Coordination
  • Bio
    • Certified Family Law Specialist
    • What to Expect
  • Blog
  • FAQ
    • What does the area of Family Law cover?
    • Things To Do After a Divorce is Finalized
    • Annulment
    • Attorney Fee Awards in California
    • Community Property
    • Difference Between Guardianship and Adoption
    • Difference Between Marriage and Domestic Partnership
    • Difference Between Physical and Legal Custody
    • Divorce Process in California
    • Domestic Violence
    • Go to Court for Spousal or Child Support
    • Legal Grounds for Divorce in California
    • “Move Away” After Divorce
    • No Fault Divorce
    • Parenting Plan
    • Residency Requirements for a Divorce in California
    • Summary Dissolution
    • Supervised Visitation
    • The impact of the Tax Cuts and Jobs Act (TCJA) of 2017 on Divorce
    • What does it mean to have a fiduciary relationship to your spouse?
    • What is a Request for Order Hearing?
  • Resources
  • Contact