California Residency Requirements
Residency requirements for filing for divorce in California. Learn how long you need to live in the state, what counts as residency, and what to do if you just moved. Updated for 2026.
State Residency
6
months minimum
County Residency
3
months minimum
Note: You must have lived in California for at least 6 months and in your filing county for at least 3 months before filing for divorce. File in the Superior Court of the county where you meet the residency requirement.
California Residency Requirements Explained
Before you can file for divorce in California, at least one spouse must meet the state's residency requirement. This means you must have been a bona fide resident of California for a minimum of 6 months prior to filing your petition.
In addition to the state requirement, California also requires that you have lived in the county where you file for at least 3 months. You must file in the county where you (or your spouse) reside.
The residency requirement applies to only one spouse. If your spouse lives in another state, you can still file in California as long as you personally meet the requirement.
How to Prove California Residency
If the court or your spouse challenges your residency, you may need to provide evidence. Common proof of residency includes:
Valid California driver's license or state ID
Active voter registration in California
Current lease agreement or mortgage for a California address
California state tax returns filed as a resident
Utility bills in your name at your current address
Pay stubs or employment verification in California
Bank statements showing a California address
Vehicle registered in California
Check your eligibility to file
Answer a few questions and Divorce.ai will confirm if you meet California's residency requirements.
Military Personnel & Residency
Active duty military members have special residency options for divorce. Under the Servicemembers Civil Relief Act (SCRA), military members can claim residency in California if:
- •They are currently stationed in California
- •They maintain California as their legal domicile (home of record)
- •Their spouse lives in California
Military divorce may also involve unique considerations like military pension division, BAH, and deployment-related custody issues. Consult a military-experienced attorney if needed.
What If I Just Moved to California?
Start your countdown. Note the date you moved to California. You can file after 6 months from that date.
Prepare now. Use the waiting time to gather financial documents, complete your forms, and reach agreement with your spouse.
Consider your previous state. If you still meet the residency requirements in the state you left, you may be able to file there instead.
Emergency protections are available. If you need protection from domestic violence, you can file for a protective order regardless of residency status.
Don't wait to prepare
Start your California divorce paperwork now so you can file the day you meet residency requirements.
Where to File in California
Once you meet California's residency requirements, you must file for divorce in the correct court. In California, divorce is filed in the county where you or your spouse lives.
Filing Location Checklist
- ✓Confirm you meet the 6-month state residency requirement
- ✓Confirm you meet the 3-month county residency requirement
- ✓Identify the correct court for your county
- ✓Check local filing rules and any county-specific forms
- ✓Check if e-filing is available in your county