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My wife has lived in California for over 6 months, but I just returned from the military in late July. She lives in San Bernardino County and I have lived in Orange County since July. Can I file for divorce in my own county or do I have to file in San Bernardino?
8 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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You could file in either county, but if there are children it should be where they are living.
Answered on Dec 14th, 2012 at 10:37 PM
You can file for legal separation in your county right now and then convert the action to a divorce after you have lived there for six months. Or, you can wait until you have lived in your county for six months and simply file for divorce. You can file in your wife's county for divorce at any time.
Answered on Dec 14th, 2012 at 12:54 PM
Family Law Attorney serving Petaluma, CA
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Law Office of Erin Farley
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You can file in Orange County so long as you have been a resident of that county for three months immediately preceding the filing of the petition. Be aware that to file anywhere in California, you have to have lived in the state for the 6 months preceding filing.
Answered on Dec 14th, 2012 at 2:17 AM
You can file for legal separation now but you must wait another month to file for dissolution in your county of residence.
Answered on Dec 14th, 2012 at 1:56 AM
I understand your position. In my opinion, you could file in either County, however, if you want to avoid all objections and 'pre-litigation' problems, I would consider filing it in San Bernardino County.
Answered on Dec 14th, 2012 at 12:33 AM
Family Law Attorney serving Irvine, CA
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Law Office of Julie A. Ringquist
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In order to file for Dissolution (divorce), one of you must be a resident of that state of California for at least 6 months and of the county where you intend to file for at least 3 months. If you want to file in Orange County so that your case will be heard local to your residence, rather than in San Bernardino, even though you have only been in California for 5 months, you may file for Legal Separation now. Then, after you have reached your 6 month residency, you can amend your Petition from Separation to Dissolution and proceed with the divorce. See Family Code Section 2320-2322.
Answered on Dec 13th, 2012 at 11:21 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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File in your own county and serve her; however, if you have children, you should file in the county the children live in.
Answered on Dec 13th, 2012 at 11:16 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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If your "residence" has been Orange County (even during deployment) then you can file in OC. If you just moved there, you could still file for legal separation in OC and then amend when you meet the residency requirement, but she could file for divorce in San Bernardino and have the whole case transferred to her County.
Answered on Dec 13th, 2012 at 11:06 PM