QUESTION
Can I file for a divorce where we got married if I live in another state already?
Asked on Jul 20th, 2014 on Divorce - California
More details to this question:
I was married August 22, 2009 and was a resident of California until December 2013. I am active duty military and am now a resident of North Carolina. Can I still file for divorce in California? Assuming there is no issues, because we do not have any children, do not own property and do not have debt together. Also, would I qualify to file for a dissolution of marriage from California? We have been married less than five years and the only reason we changed residency to North Carolina is because of the change in military duty station. Thank you for your time.
5 ANSWERS
4 Awards
In California, you must be a resident of the state for 6 months and in the same county for 3 months. You would not be considered a resident of California and would likely have to file in North Carolina. You could only file in California if your spouse is still a resident of the state.
Answered on Jul 23rd, 2014 at 3:12 PM
You must file in the state and county where you are a resident when you filed.
Answered on Jul 22nd, 2014 at 6:46 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You can file where you live, or if your ex still lives in CA you can file where she lives. If you are in the military your domicile may be where you came from. Contact your JAG office.
Answered on Jul 22nd, 2014 at 6:43 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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In California, you must be a resident of the State for 6 months and of the County for 3 months in order to file a Petition for Dissolution of Marriage. If you now reside in NC, then you must meet the residency requirements there; and file in NC.
Answered on Jul 22nd, 2014 at 5:00 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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If your spouse is still in California, you can file for divorce in California. If not, you should file in North Carolina or the state your spouse is a resident of.
Answered on Jul 22nd, 2014 at 4:48 PM