What specific residency requirements must I meet to file for divorce in a particular California county?
To file for divorce in a California county, you or your spouse must have lived in California for the last six months and in that specific county for the last three months before filing the petition.
Here are the steps to determine and meet the residency requirements:
Step 1: Confirm Your California State Residency
You must verify that either you or your spouse has lived in the state of California for at least 180 days (six months) immediately before you file the divorce papers. This is a strict requirement for the court to have jurisdiction to grant a divorce.
Step 2: Confirm Your County Residency
You must also verify that either you or your spouse has lived in the county where you intend to file for at least 90 days (three months) immediately before filing. This determines the proper court, or "venue," for your case.
Step 3: Gather Proof of Residency
Collect documents that can help prove your residency if it is ever questioned. Examples include a California driver's license, utility bills, lease agreements, or voter registration showing your name and address within the required time frames.
Step 4: Complete the Divorce Petition (Form FL-100)
Download and fill out the Petition — Marriage/Domestic Partnership (Form FL-100) from the official California Courts website. On this form, you must check the boxes confirming that you meet the state and county residency requirements.
Step 5: File the Petition in the Correct County Court
File your completed petition and other required forms at the Superior Court in the county where you or your spouse meets the three-month residency rule. You must pay a filing fee or apply for a fee waiver at the time of filing.
Important details and nuances:
Only one of you needs to meet these requirements. If you live in Los Angeles County and meet the criteria, you can file there even if your spouse lives in another state. If you do not yet meet the residency requirements, you may file for a legal separation and then "amend" your petition to a request for divorce once you do.
Warnings and limitations:
The court cannot issue a final judgment of divorce until the six-month state residency period has been met. Filing in the wrong county can cause your case to be delayed, transferred, or dismissed. Special rules may apply to active-duty military personnel regarding residency.
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
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Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 14, 2025
Family Law
Divorce, child custody, domestic relations, and family disputes
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