If a Spouse Lives Out of State, Is a San Diego Divorce Possible?

Divorce

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.

JWB Family Law Adds Anne B. Howard ESQ., as a Senior Associate Attorney

JWB Family Law is expanding its team to welcome Anne B. Howard, ESQ, as a Senior Associate Attorney. Anne brings extensive expertise in family law to the team, specializing in child support, paternity, asset, and property division, and divorce. “I was drawn to the...

Custody and Successful Co-Parenting During the Pandemic

The COVID-19 pandemic has wreaked havoc in our daily lives. Schools are closed, parents are working from home, and some have lost their jobs. Life is not what it was just a few months ago. Children are now with parents all day—every day. Parents are now responsible...

How to Deal With Domestic Violence During COVID-19

There is a growing concern amongst professionals regarding a rise in domestic abuse during the COVID-19 pandemic. In the period from March 1 through April 25, 2020, the San Diego County Sheriff’s Department logged 2,309 domestic-related calls. This is roughly a three...

JWB Family Law Continues to Serve Clients During COVID-19

Heightened anxiety and uncertainty in the world often result in significant family distress, including a surge in domestic violence incidents. As a family law practice, we need to show up for our clients now more than ever. For that reason, JWB Family Law is operating...

How Do I Change My Family Court Order and When Should I Do It?

When should you change your Family Court order?  When it no longer serves the needs of your family.   For example, if a custody order is entered when your baby girl is two years old, it may say she stays with each parent for 2 or 3 days and then trades back.  This is...

What is Family Court Services Mediation and Do I Have to Attend It?

If you are unhappy with your current custody plan, or need to create a new one, you may ask the court for assistance.  To do that, you will need to file a Request for Order with the local court. Immediately upon filing the Request, you will receive a date to attend...

How to Legally Obtain a Paternity Test

It happens.  Sometimes we do not know who the biological father of a child is.  It is important information. Paternity effects health issues, as well as the socioeconomic ones.   Enter the paternity test.  It is not like the old days of enormous expense, blood tests,...

JWB Family Law Adds Carmen E. Ramos, CFLS, as a Senior Associate Attorney

JWB Family Law is expanding its team to welcome Carmen E. Ramos, CFLS, as a Senior Associate Attorney. Carmen joins the JWB Family Law legal team to help the firm in all aspects of family law: divorce, child custody, child support, spousal support, and property...

The Basics of Filing for Divorce in San Diego

To begin the process of filing for divorce in San Diego County, you will need to file a Summons (FL-110), and a Petition for Dissolution of Marriage (FL-100). If you have children, you will also need to file a Declaration Under Uniform Child Custody Jurisdiction...

Custody Rights: Prepare for Mediation with Family Court Services

If you are involved in a family court case in San Diego County and there are issues of child custody rights and visitation, at some point you will need to attend court-ordered mediation with Family Court Services. This usually takes place prior to any court hearing on...