When you’re filing for divorce in California, one of the questions you might have is if you can file when your spouse doesn’t live there. Maybe they’re in the military, or they’ve moved to another state for work or to be closer to family.
They might have even moved out of the country or returned to their home country if they weren’t born in the United States. But you’re living in California and must file for divorce. Can you? In most circumstances, the answer is yes.
What Requirements Do You Need to Meet?
To file for divorce in California, you must reside in the state and have lived there for at least six months. You also must live in the county where you will be filing for at least three months. That gives the state jurisdiction to dissolve your marriage because you’ve been there long enough to create a residency relationship for purposes of civil actions such as divorce proceedings.
If you’re planning on moving to a different county, you may want to settle your divorce first, if possible, by going ahead with your filing. That will keep you from having to wait another three months. However, there may be times when you need to move first, and the three months will generally pass quickly.
Also, consider getting everything ready to file, even if you’re a few weeks short of the opportunity to file. There’s no law against getting all your documents in order and the paperwork ready so that you can file on the first day. That’s true for the three-month county residency rule and also for the six-month state residency rule.
Your Spouse Can Live Anywhere
It doesn’t matter where your spouse lives when you file for divorce in California. They can be in California, or they can live in another state or another country. It doesn’t make a difference because you’re the one filing. If you’ve lived in California long enough to meet filing requirements, that’s all that matters.
That can make it much easier for you to move forward with a divorce, especially if you and your spouse don’t have an amicable parting. Not everyone who goes through a divorce can part company with respect to one another, and sometimes you need to get far away from another person.
Working With an Attorney is the Right Choice
When you file for divorce in California, it’s best to work with an attorney. Even an amicable divorce can become complicated, and circumstances can change quickly.
Contact us at Mohajer Law Firm today, and let’s discuss your case. We offer a free initial consultation, so you can get the support you need and answers to your questions. Solid legal representation is the key to settling your divorce in a fair and just manner and providing you with additional peace of mind.