Southern California is full of people who moved here from other parts of the country, and oftentimes couples moved to California together after being married in another state. Marriages and divorces are primarily regulated by state law, but our system of government recognizes that couples can and do end up going to different states throughout the course of their marriage.
Because of this, under our constitutional principles, one state can have jurisdiction over a marriage even if that is not the state that granted the marriage. In the context of divorce, this jurisdictional power means the ability to grant a divorce which will be binding in all 50 states i.
Domestic partners may be recognized for some federal purposes, such as Social Security. In addition, domestic partners may not have the same rights if they leave California because other states may not recognize domestic partnerships. Talk to a lawyer if you are ending a domestic partnership and any of these issues may apply to you. You may also want to talk to an accountant who is knowledgeable about these issues. Click for help finding a lawyer. The family law facilitator or self-help center in your court may be able to help you with the divorce or legal separation process and help you understand what your options are, decide what you want to do, and get started with your paperwork.
You can also talk to a lawyer to get legal advice. If you are worried about how a divorce or legal separation will affect your immigration status, talk to an immigration lawyer or a family law lawyer with a lot of experience with immigration issues.
Let us know in a single click. We read every comment! Toggle navigation Marital Laws. Complete Calculators. States that require a certain length of time for residency vary in the amount of time that one or both spouses must live there. Some of these states require 45 days of residency, while others require days or more.
Generally, the longer time periods apply when only one spouse lives in the state. Many counties also have residency requirements that must be fulfilled before residents can file for divorce in those areas.
However, not all counties have these requirements. In many places either spouse can file in the county where either spouse resides. Some states require divorce petitioners to file in the county where the other spouse resides. The residency requirements for counties can range from no minimum, to ten days, to 90 days. These residency requirements do not necessarily apply to service members; military divorces apply a different jurisdictional rule. Residency requirements are typically in place to help courts establish jurisdiction over the parties.
A court needs to have jurisdiction in order to issue decisions that affect the parties. Part of the divorce process requires establishing residency. However, failure to properly establish residency in this context may result in the divorce case being rejected or dismissed. There are a few states that have particular requirements for formally establishing residency that need to be satisfied. For example, in Nevada parties must provide an affidavit from a Nevada resident attesting to personal knowledge of the petitioning spouse meeting the residency requirement.
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