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RESIDENCY REQUIREMENTS FOR FILING FOR DIVORCE IN CALIFORNIA

Kimberly Buffy Quaid, wife of famous movie star Dennis Quaid, filed for divorce in October but quickly withdrew her request when she realized it would be rejected. The problem is that the couple moved to California only this past summer, and there is a six-month waiting period before she can establish residency and file for divorce.

Under California state law, at least one of the two members of a marriage must be a resident of California for six months and a resident of a single county for at least three months to file for divorce in the state. Once this residency requirement has been satisfied, it is irrelevant where the marriage originated. The state of California is considered to have jurisdiction.

If you are planning to file for divorce, there are a number of benefits to filing in the California as opposed to some other states. In particular, California is a community property state (meaning that barring a prenuptial agreement, you are entitled to half of the assets of your marriage).

California is also a no fault divorce state. You do not need to prove that your spouse did something wrong to file for divorce. You can simply say that you two do not get along - in legal terms, is called irreconcilable differences. In all cases, it pays to work with a qualified divorce attorney to ensure that your rights are protected when you do file for divorce.

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The Law Offices of Steven M. Bishop, Attorney at Law, A California Corporation
591 Camino De La Reina Suite 700
San Diego, CA 92108

Phone: 619-535-0678
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