Are their residency requirements to file for divorce in California?

Yes. To file for divorce in California, either you or your spouse must have lived in:

• California for the last 6 months, AND
• The county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you don't meet the residency requirement, you can still file for a legal separation.

Once enough time has passed so that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a divorce

What's the difference between a divorce, a legal separation, and an annulment?

A divorce (also called "dissolution of marriage" or "dissolution of domestic partnership") ends your marriage or domestic partnership. After you get divorced, you will be single, and you can marry or become a domestic partner again.

If you get divorced, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, division of property, and other orders.

For married persons to get a divorce, you MUST meet California's residency requirement.

A legal separation does not end a marriage or domestic partnership. You can't marry or enter into a partnership with someone else if you are legally separated (and not divorced). A legal separation is for couples that do not want to get divorced but want to live apart and decide on money, property, and parenting issues. Couples sometimes prefer separation for religious reasons.

You do not need to meet California's residency requirement to file for a legal separation.

If you file for a legal separation, you may later be able to file an amended petition to ask the court for a divorce-after you meet the residency requirements.

In a legal separation case, you can ask the judge for orders like child support, spousal support, partner support, custody and visitation, domestic violence restraining orders, or any other orders you can get with a divorce case.

An annulment (or "nullity of marriage" or "nullity of domestic partnership") is when a court says your marriage or domestic partnership is NOT legally valid. A marriage or domestic partnership that is incestuous or bigamous is never valid. Other marriages and partnerships can be declared "void" because:

• of force, fraud, or physical or mental incapacity;
• one of the spouses or partners was too young to legally marry or enter into a domestic partnership; or
• one of the spouses or partners was already married or in a registered domestic partnership.

Annulments are very rare. If you ask to have your marriage or domestic partnership annulled, you will have to go to hearing with a judge.

What can I do to make my case faster and cheaper?

Planning your case can save you time and money. Before you start your case, think about how you are going to handle it. You could save money and time if you talk to a lawyer and do some planning before you start.

How Should You Handle Your Case?

There are different ways to get a divorce, legal separation, or annulment.

You and your spouse agree on all terms of the divorce, have no children, and were married or in a domestic partnership for less than 5 years ...

There is a quick, easy way to get divorced called "summary dissolution."

You won't have to talk to a judge and you may not need to hire a lawyer. But remember: it is in your best interest to see a lawyer about ending your marriage or domestic partnership.

You can get a summary dissolution if you and your spouse or domestic partner:

• Have no children together;
• Have been married or in a domestic partnership for less than 5 years;
• Don't own very much;
• Don't owe very much; and
• Have no disagreements about how to divide your belongings and debts once you are no longer together

Your spouse or domestic partner agrees to all terms of your divorce, legal separation, or annulment.

If you and your spouse or domestic partner can agree about how to handle money, property, and parenting, you have an "uncontested case." You also have an uncontested case, if your spouse or domestic partner will probably not file any forms in court disagreeing with your requests. If your spouse or domestic partner fails to file a Response in the case (defaults), your case can be completed as an uncontested case even if you and your spouse or domestic partner do not agree on everything.

Most uncontested cases can be handled by mail and brief contacts with a judge. You may not have to see the judge at all.

Your spouse or domestic partner does NOT agree to all terms of your divorce, legal separation, or annulment.

If your spouse or domestic partner files a Response and you and your spouse or domestic partner can't agree on 1 or more issues, then you have a "contested case." You will have to talk to the judge 1 or more times to resolve your disagreements.

If your case starts out or later becomes contested, you may be able to come to an agreement through negotiation, mediation, or some other process. If so, your case then becomes uncontested. If your case becomes uncontested, you can finish your case more quickly and at a lower cost.

Content supplied by the California Courts Self Help Center