California Out of State Divorce Process

Yes, you can file for divorce in California if you meet specific residency requirements. Under state law, one of the spouses must have lived in California for at least six months and in the county where they file for at least three months before starting the case.

There is a special rule for same-sex marriages. If neither spouse lives in a state that will dissolve the marriage, and the marriage happened in California, you might be able to file here—even if you do not live here now. Residence requirement for dissolution judgment. This helps couples finalize a marriage that other states will not end.

If you do not meet the six-month and three-month rules, you can wait until you do. Or you can start a “legal separation,” which has no residency rule. Later, when you meet the time rule, you can switch the case to a full divorce.

Does California Recognize Out-Of-State Marriages?

California does honor marriages from other states if they were valid where they happened. This means if your marriage was legal in, say, Texas or Nevada, it’s also legal in California.

Similarly, if you have a common-law marriage created in another state that allows it, California generally respects it. So, even if your marriage did not happen physically in California, you can still proceed under the state’s divorce rules if you meet residency conditions.

How to File for Divorce When Spouses Reside in Different States

Even if you and your spouse live in different places, California courts have “jurisdiction” (power) to handle your divorce if at least one spouse is “domiciled” in California. Domicile means you live here and plan to stay. If you are the out-of-state spouse, you can still file if your partner meets California’s time rules.

Filing in the Right County

For the California divorce process, you should file in the county where the California-resident spouse lives or is domiciled for three months. This local rule is part of how the state keeps track of court location. If you file in the wrong county or do not meet the three-month local rule, the court may dismiss or transfer your case.

Serving Divorce Papers Across State Lines

If your spouse is out of state, you have to “serve” them with divorce paperwork. This can be done by mail or by a process server who delivers the papers. Make sure you follow California law for “proof of service,” so the court sees you notified the other spouse properly. If service is not correct, it might delay your case.

Potential Challenges

If neither spouse can show real ties to California, the court may reject your petition. Also, if your spouse disputes your residency, you might have to prove you are domiciled in California. A local California lawyer can guide you through these steps if questions arise.

What Are the Grounds for Divorce in California?

California is a “no-fault” divorce state, which means the main reason (or “ground”) is that you have “irreconcilable differences.” You do not have to prove wrongdoing like infidelity or abandonment. Another possible ground is “incurable insanity,” but it is rarely used.

No-Fault Divorce Explained

Because California’s grounds for divorce do not require blaming anyone, many couples find it easier to finalize. You can just say, “We cannot fix the marriage.” This approach can reduce hostility.

Importance of Grounds in Out-of-State Divorces

Even if you both reside in separate states, the “irreconcilable differences” ground applies if one spouse meets California residency rules. Other states might have different rules (like a separation period) if you tried to file there. But in California, no-fault grounds still stand, even in an out of state divorce scenario.

Pros and Cons of Filing for Divorce in a Different State

Some of the possible advantages of filing for divorce in a different state include:

• Favorable divorce laws: If California laws are more aligned with your needs (like fair property distribution or spousal support guidelines), you might prefer filing here.
• Faster processing: Some counties in California may have smoother or quicker court processes.
• Protecting your assets: Certain property laws might be better here if you want to safeguard your interests.

However, potential cons include:

• Jurisdiction questions: If no one truly lives in California (i.e., no real domicile), the divorce decree might get challenged later in another state.
• Residency burden: You or your spouse may need to wait until meeting the six-month/three-month rule.
• Travel or communication issues: If you have to appear for hearings, traveling from out of state could be stressful.

Think about these factors when deciding if filing for divorce in California is best for you. Also, get a legal consultation to know your best options.

Steps to File for Divorce If You Live in Another State

• Confirm Residency: Make sure at least one spouse has lived in California for six months and in the county for three months before filing.
• Gather Documents: Collect marriage certificates, financial statements, and any agreements you have. This helps your case move faster.
• Submit Forms to the Court: You file a “Petition for Dissolution” in the right county. The clerk will stamp and return copies to you.
• Serve the Other Spouse: Have someone 18 or older (not you) give or mail the papers to your spouse, who is out of state.
• Wait for a Response: Your spouse has a set time (usually 30 days) to respond. If they do not, you may request a default judgment.
• Address Property, Child Support, and Alimony: Work out how property is split and if child support is needed. Because California is a community property state, assets earned during marriage might be split 50/50 unless you settle otherwise.
• Obtain Judgment: If you agree on all matters, you can finalize. If not, you might go to trial. After at least six months from serving the petition, the court can grant a final judgment of divorce.

How Do I File for Divorce in California if I Live In Another State?

You can file for divorce in California if your spouse meets the residency requirements, or if your same-sex marriage was formed here and your home state does not allow a same-sex divorce. Confirm local rules for your situation and gather proof of residency or any exceptions. You must show that one spouse has been a resident of California for six months and the local county for three months.

Should I Hire an Attorney When Filing for an Out-Of-State Divorce?

If you are filing for divorce in California but live somewhere else, do not do it alone. You risk messing up paperwork or missing deadlines. Contact a California divorce attorney for a legal consultation to learn about your rights, whether your spouse’s residency meets the rules, and how to handle any issues with out of state divorce. Use LegalMatch to find a skilled California divorce lawyer near your spouse’s county or your property’s location.

By working with a local California divorce attorney, you can protect your interests, handle everything from spousal support to child custody, and ensure a smooth outcome. Get started by using LegalMatch’s attorney-client matching service today. Your peace of mind is well worth it.