What Are the Eligibility Requirements for a California Divorce?
If you want to file for divorce in the Silicon Valley area, you will need to be sure that you meet the eligibility or jurisdictional requirements under California law. In situations where eligibility requirements are not met, you may have the option to wait for a limited amount of time in order to become eligible for a California divorce, or you may initiate a legal separation instead. To find out more, you should seek legal advice about your particular circumstances. In the meantime, our Silicon Valley divorce lawyers can provide you with more information about divorce eligibility under the California Family Code.
Divorce Eligibility Requirements Under California Law
Section 2320 of the California Family Code has two primary eligibility requirements that you must meet:
- One of the parties to the marriage (i.e., one of the spouses) must have been a resident of California for at least 6 months prior to filing the divorce petition; and
- Party who has been a California resident for at least six months must have been a resident of the county in which the divorce petition is being filed for at least 3 months prior to the date of filing the petition for divorce.
The statute also makes special allowances for same-sex married couples who are unable to get divorced in their present states or jurisdictions of residence. While same-sex marriage (and divorce) is now valid under federal law and thus in every state, in the event the law were reversed, the California Family Code allows for a divorce or legal separation for a same-sex married couple if they were married in California and if “neither party to the marriage resides in a jurisdiction that will dissolve the marriage.”
Options If You Are Not Eligible for a Divorce in California
If you want to get divorced but you do not meet the eligibility requirements, you may be able to consider other options, such as:
- Wait until you have met the above eligibility requirements (which will only be a matter of months given the specific requirements); or
- Begin the process for a legal separation now, and change the petition to file for divorce once eligibility requirements have been met.
In particularly contentious circumstances where eligibility requirements for divorce have not been met, a legal separation in California will allow a court to make decisions about the distribution of community property and child custody until the parties can move forward with a divorce case in the state. Our firm can assist you with a divorce or legal separation today, depending on your particular needs and circumstances.
Contact Our San Jose Divorce Lawyers for Assistance with Eligibility Requirements and Other Divorce Issues in California
If you have any questions about your eligibility for divorce in California, or if you need assistance with other matters pertaining to family law in the state, our firm can help. One of the experienced Silicon Valley divorce attorneys at Foster Hsu, LLP can talk with you to learn more about your circumstances and to provide you with more information. If you are ready to file for divorce, our firm can assist you from all aspects of planning through your divorce being finalized. Contact us today.
Source:
codes.findlaw.com/ca/family-code/fam-sect-2320/
