It is a common misconception that you have to file for divorce in the place that you were married. In fact, there are some states that do not even have a residency requirement. Other states, like California, have certain requirements for the filing of divorce. In California, and counties like Alameda, Contra Costa and Santa Clara, you or your spouse must be a resident of the state for six months and a resident of the county in which you wish to file for divorce for three months.
If you and your spouse live in different counties and both meet the 3 month residency requirement, then you may file for divorce in either county. This may get tricky if there are children involved– the court case may have to be filed, or may be moved to the county in which the child(ren) live.
Call the attorneys of Howard & Fei, LLP for a free phone consultation on your family law case at 510.464.8083. You can also visit our website at www.howardfei.com.