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Do You Meet The Residency Requirements to File for Divorce in Los Angeles County?

Posted By Castellanos & Associates, APLC || 16-Mar-2015

Family Code § 2320 (a) requires that at least one party to the marriage must be a resident of this state for six (6) months and of the county in which the proceeding is filed for three (3) months before filing the petition.

Spouses who do not satisfy the residence requirements but who want to pursue divorce without delay have the option of filing for legal separation (as to which there is no minimum residence prerequisite) and then amending the petition to request a dissolution once the residence requirements are satisfied. In essence, spouses do not have to wait for the residency requirements to start their divorce case.

While the court cannot enter a judgment dissolving the marriage until the six-months/three-months residency requirements are met, it can immediately act on the petition for legal separation to make temporary orders regarding custody, visitations, child support and spousal support.

Lastly, serving the legal separation petition will also start the clock on the six-month 'waiting period' which is the soonest that the parties could get divorced once a case has commenced.

Categories: Divorce, Family Law

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