QUESTION
Is there a need of proof of residence to get a divorce?
Asked on Aug 07th, 2013 on Divorce - California
More details to this question:
I'm married to a woman in Chicago, IL and we intend to get a divorce. I've been told is required to live in California over a period of 6 months in order to divorce in the state of CA. I actually don't have a CA ID, however I have a letter from a Bank with my current address from the year of 2011. Is that considerate proof enough that I've been in my current address over 1 year to 2 years at least? Will the court accept this letter?
5 ANSWERS
If there is a challenge to residency then the court would look into that issue. Since you state that you have lived here since 2011 you should be fine. Additionally, if you have statements, utility bills etc. that show that you have been here then that will help any argument to the contrary.
Answered on Aug 17th, 2013 at 1:17 AM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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The court will normally accept the statement of residence on the face of the Petition , made under penalty of perjury, without mor proof unless the residency is challenged. Aside from a perjury prosecution (highly unlikely) the potential downside to false affirmation of residency could be a voidable judgment (for lack of jurisdiction).
Answered on Aug 17th, 2013 at 1:17 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You file in CA, have her personally served in Chicago (better than certified mail) and if she challenges where you live, your bank letter, utilities, etc. can prove residency for the past 6 months. If she doesn't challenge it, the court probably won't question it at all. You are not the only spouse who lives in another state to their spouse.
Answered on Aug 17th, 2013 at 1:17 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You would probably face an objection from your husband.
Answered on Aug 17th, 2013 at 1:17 AM
If you have lived in California for more than 6 months you can file for dissolution here. If less than 6 months, you can file an action for legal separation and then convert to dissolution once the residency requirement is met.
Answered on Aug 17th, 2013 at 1:17 AM