Divorce can be a challenging process, made even more complex if you don’t meet the residency requirements in California. However, there are still options available to you. In this blog post, we’ll explore the steps you can take if you need to file for divorce but don’t meet the residency criteria.

Understanding California’s Residency Requirements

In California, to file for divorce, at least one spouse must meet the following residency requirements:

1. State Residency: One spouse must have lived in California for at least six months before filing.
2. County Residency: One spouse must have lived in the county where the divorce is filed for at least three months.

If you don’t meet these requirements, you might wonder what alternatives are available. Here are some options:

1. Legal Separation

Legal Separation is a viable alternative for couples who don’t meet the residency requirements for divorce. Legal separation doesn’t end the marriage, but it allows the court to make decisions on issues like child custody, support, and property division.

Steps to File for Legal Separation:

1. File a Petition: File a petition for legal separation in the county where you or your spouse currently reside.
2. Serve the Petition: Serve the petition to your spouse according to California’s service rules.
3. Wait for Residency: Once the residency requirements are met, you can amend your petition to request a divorce.

2. Temporary Move

If you’re willing and able, one spouse can temporarily move to California to meet the residency requirements.

Steps for a Temporary Move:

1. Establish Residency: Move to California and live there for at least six months.
2. Choose the County: Choose a county where you plan to reside for at least three months.
3. File for Divorce: Once the residency requirements are met, file for divorce in the appropriate county.

3. Divorce in Another State

If you don’t meet California’s residency requirements and need to file for divorce urgently, consider filing in another state where you meet the residency criteria.

Steps for Filing in Another State:

1. Research Requirements: Check the residency requirements for the state where you might file.
2. File for Divorce: File for divorce in that state and follow their legal procedures.

4. Summary Dissolution

If your marriage meets certain conditions, such as being short-term (less than five years), having no children, and minimal shared property or debt, you might qualify for a Summary Dissolution. However, this process also requires meeting residency requirements, so legal separation might be the more immediate solution.

Conclusion

Navigating the complexities of filing for divorce in California without meeting residency requirements can be challenging, but you have options. Whether through legal separation, a temporary move, filing in another state, or exploring summary dissolution, you can find a path forward.

If you’re facing this situation, it’s highly recommended to consult with a family law attorney to explore your options and ensure your rights are protected.