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Divorce Residency Requirements in California

In California, one spouse must have lived in the state for 6 months and in the filing county for 3 months before filing, and the no-fault ground is irreconcilable differences.

Last checked . General information, not legal advice.

California at a glance

State residency
6 months
Counted to the filing of the petition. An exception applies to some same-sex marriages entered in California.
County residency
3 months in the filing county
No-fault ground
Irreconcilable differences
Differences that caused the irremediable breakdown of the marriage.

Sources

Last checked

The rules in California

How long must you live in California before filing for divorce?

State residency in California: 6 months. Counted to the filing of the petition. An exception applies to some same-sex marriages entered in California.

Is there a county residency requirement for divorce in California?

County residency in California: 3 months in the filing county.

What is the no-fault ground for divorce in California?

No-fault ground in California: Irreconcilable differences. Differences that caused the irremediable breakdown of the marriage.

Where do the California divorce residency requirements come from?

The rules above come from Cal. Fam. Code 2320 and Cal. Fam. Code 2310. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Residency is about where a spouse actually lives and intends to stay, not just a mailing address. Courts may look at a driver's license, voter registration, a lease or deed, tax filings and employment records. Keeping copies of these documents can help if residency is questioned.

Meeting the residency requirement is separate from any waiting period after filing. Some states also require a period of separation before a no-fault divorce, or a cooling-off period before the final decree. Checking all of these timelines together gives a more realistic picture of when a divorce can be finalized.

Military members and their spouses often have special residency rules based on where they are stationed. If the spouses live in different states, more than one court may be able to hear the divorce, and the choice can affect issues like property division and support. A local family law attorney can confirm where to file.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.