It’s a fairly common question. The quick and easy answer to this is yes, the residence of your spouse outside California does not prevent you from filing for a dissolution of marriage in the county of your residence—in other words, a San Diego divorce.

In this case, if you live in San Diego County, you will file for your divorce in the Family Court division that covers your location of residence in the county.  The residency requirements for filing are covered in Family Code sections 2320-2322.

Understanding Residency Requirements in a San Diego Divorce

One of the most important requirements is that you live in California for at least six months prior to filing for the divorce.

There is also a six-month waiting period outlined in Family Code section 2339 for a judgment to be entered after the court obtains jurisdiction over the other party, meaning they must be served with the petition for dissolution and summons and you must wait a certain amount of time to move forward and prepare various financial and other documents.

Your San Diego divorce attorney can explain this process to you in detail.

You must be a resident in a county for 90 days prior to filing. There are also special requirements that allow married persons of the same sex to file a dissolution case in California even if neither of them resides in this state, listed under Family Code sections 2320(b)(1) and 2320(b)(2), as follows:

(b) (1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply:

(A) The marriage was entered in California.

(B) Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage.

(2) For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.

A San Diego Divorce Attorney Can Help With Matters Related to Jurisdiction

When you’re going through a divorce, an experienced divorce attorney can help you navigate the process, including determining appropriate jurisdiction.

If you are considering divorce or have already made the difficult decision to pursue divorce and have questions, contact JWB Family Law to schedule a free consultation.

Contact JWB Family Law Today

    Categories

    Connect With Us

                

    Contact

    San Diego Office
    1620 Fifth Avenue, Suite 600
    San Diego, CA 92101

    Phone: 619.234.6123

    Temecula Office
    43537 Ridge Park Dr, Suite 100
    Temecula, CA 92590
    Phone: 951.297.3871

    El Centro Office
    300 S Imperial Ave, #10
    El Centro, CA 92243
    Phone: 760.460.4608

                

    Family Code Section 2030 and Its Role in Alleviating Financial Struggles in Divorce

    Within the intricate landscape of family law, Family Code Section 2030 assumes a pivotal role by addressing the economic imbalances that often surface during divorce proceedings. Its primary objective is to ensure that both parties embroiled in a divorce have...

    Tips for Protecting Your Financial Interests During a Divorce

    Tips for Protecting Your Financial Interests During a Divorce   Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future...

    How to Divide a Community Property Home?

    When individuals go through a divorce, they often contemplate selling their home quickly to divide their community property funds swiftly—an action that can be potentially costly. It's crucial not to sell the house until a written agreement has been established and...

    Child Support for Children with Special Needs

    Many individuals experience an increased likelihood of divorce when their marriage involves raising a child with special needs, be it due to conditions like autism or other medical issues. This heightened risk of divorce can be attributed to the significant stress...

    Federal Laws & Procedures Impacting Military Divorce

    Several federal laws are relevant procedurally when one or both spouses in a dissolution proceeding are members of the military. Although not every Act applies to every case, it is good practice to be aware of the federal laws and procedures that may impact your...

    A Detailed Breakdown of the Divorce Procedure

    Divorce is a challenging and emotionally charged process, often accompanied by numerous financial complexities. Protecting your financial interests during a divorce is crucial to ensure your future financial stability. In this blog, we will discuss several essential...

    The Difference Between Contested & Uncontested Divorce

    Divorce is a significant life event that involves the legal termination of a marital union. It is a decision often accompanied by complex emotions, legal considerations, and a multitude of issues to be resolved. When pursuing a divorce and finding a divorce attorney...

    Common Mistakes to Avoid During Divorce Proceedings

    Divorce is a complex and emotionally challenging process that requires careful consideration and strategic decision-making. From navigating legal intricacies to managing the emotional turmoil, divorcing couples often find themselves overwhelmed and prone to making...

    Property Division in Divorce: What You Need to Know

    Divorce is a challenging and emotionally charged process, requiring careful consideration and resolution of various legal and financial matters. One critical aspect that often arises during divorce proceedings is property division.This encompasses a broad range of...

    How to Choose the Right Divorce Lawyer for Your Case

    Divorce is an emotionally challenging and legally complex process that marks the end of a significant chapter in one's life. When facing the dissolution of a marriage, it’s crucial to have the right legal representation by your side. A skilled and experienced divorce...