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Do I need to file separation to show proof of residency before filing divorce?
Anonymous3 views3 answers
I left my husband in July of this year. I moved from Texas to California. We have been married 4 years and have 3 children. Do I have to be a resident of California for 6 months before I can file? Would I have needed to file for separation when I moved here to prove how long I've been in this state? I filed for welfare and child support when I got here. Would that be proof enough to show how long I have been in California. Based on when I moved here I would be able to file in January.
You have to be a resident in the State of California for six months to file for divorce; you can file for separation right away and write on the Petition that you intend to amend the Petition to ask for a divorce once the residency requirement have been met.
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The Petition related to your marriage asks whether you have been a resident of California for the six months (and a resident of the county in which you file for the three months) immediately preceding its filing. If the answer is yes, file for dissolution, if no, file for legal separation. The face of the petition, as well as an explanation within the body of the petition, should state that you reserve the right to amend to dissolution of marriage when you have met the residency requirement. No proof is needed unless the other party challenges whether the residency requirement was met. Once the other part is served with a separation petition, that party may file for divorce in their jurisdiction and serve you with their papers. In that event, jurisdiction may be where the other person resides.
Yes you need to be a resident here for six months prior to filing for divorce. BUT you could always file for legal separation now and the amend to a divorce once the 6 month time period has lapsed. No you don't need prove your residency by filing for legal separation. Establishing residence can be done as simply showing your address where you live and/or showing a utility bill that establishes service at your residence or apartment, or showing execution of a contract to lease or rent your residence.
