You can file for divorce in California if you have adequate grounds and meet the residency requirements.
California is a no-fault divorce state. Legally adequate grounds for divorce, under California Family Code Section 2310 are “incurable insanity” and “irreconcilable differences which have caused the irremediable dissolution of the marriage.” Residency for purposes of divorce requires that one party has lived in the state of California for the last 6 months, and in the particular county where the divorce will be filed for the last 3 months.
You may be eligible to file for divorce in both California and another state
It is possible that you meet the residency requirement to file for divorce in both California and in another state. This could happen if you live in California and your spouse lives in another state, or if your spouse lives in California and you live in another state. In either case, the choice of filing state will dictate which state’s laws will be applied to the divorce. Different states have substantially different laws regarding child custody and visitation, division of assets, child support, spousal support and other family law areas.
If you and your spouse live in different California counties, you may meet the residency requirements to file in either county. In general, the differences between counties’ rules are not nearly as big as the differences between the laws of California and those of other states. However, these differences are significant in some cases. If you are thinking about divorce and believe that you have a choice of state or a choice of county in your case, you should definitely discuss this with a California family law attorney.
You can file for divorce in California if you live in another state or country
As long as you meet the requirements for grounds and residency, you can file for divorce in California regardless of where you live. It might seem strange or counter-intuitive to work with a Los Angeles family law attorney if you live in San Francisco, Phoenix, New York, or London, but it can be very practical. The lawyer in Los Angeles consults with you, and prepares and reviews documents with you, through a combination of regular mail, telephone, internet, email, and videoconferencing, and handles the case there on your behalf. Although you may need to be physically present in Los Angeles for a limited number of court appearances, in many cases the parties are never required to appear in court. Technologies such as a document scanner, online collaboration tools, and video-conferencing can save you the travel, time, and stress of actually going to your lawyer’s office. If you live in Los Angeles or anywhere else, you can call this California family law attorney to arrange a free consultation.
