Can I file for divorce in California if my spouse lives in another state?

Michael Gower

California managing attorney at Marble Law

Published August 28, 2024 · 2 min read

Key Takeaways

If you’re the filing party, and you meet the residency requirement, you can typically file for divorce in California, even if your spouse lives elsewhere.

You may be able to file for divorce in California if your spouse lives in another state.

California has specific residency requirements that must be met before a petition for dissolution of marriage can be filed. At least one spouse must have been a resident of:

California for at least six months.
The county where the petition is filed for at least three months.

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So, even if your spouse lives outside of California, as long as you meet these requirements, you may file for divorce in the state.

Note that there are some exceptions to the residency requirement. For example, if you’re a member of the military stationed in California on active duty, you may be able to file for divorce in California even if you declare another state as your state of residence. If you believe you qualify for an exception to the requirement, you may want to speak with an attorney to discuss your specific situation.

And in contested divorces, an attorney's expertise can be highly valuable. They can represent you in mediation or court hearings, negotiate on your behalf and present compelling arguments to achieve a favorable outcome.