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My wife has a business in New Jersey but we live in California now (past 3 months), can i file for divorce here?We have a son involved and I would like to keep him in state rather than have her leave our child with her relatives while she works. I work from home and have plenty of support so neglect is not an issue. She would like to file in NJ despite us living here in CA at the moment, I think this is irrational but am not sure what choice I have in the matter. There is also a flight risk since she is from another country and has stated that she can "buy a passport" from her country. Attorney answers (3)
You can't file for divorce in California until you've been a resident of the state for 6 mo. and a resident of the County where the case is filed for 3 mos.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
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Reputation Level 14
Answered over 2 years ago.
Car / Auto Accident Lawyer in Chatsworth, CA.
To get jurisdiction in California for a divorce, you must be a resident of California for at least 6 months, and in the county in which you file in for the last 3 months.
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Reputation Level 10
Answered over 2 years ago.
Divorce / Separation Lawyer in South Pasadena, CA.
ALSO, in California, a state resident may file a Petition for Legal Separation immediately without any mandatory waiting period! Thereafter, a Petition for Dissolution can be filed AFTER the residential time requirement has been satisfied.
This tactic MIGHT prevent the other parent from filing for divorce in another state first. And, it could provide you with a forum in California to address the child's custody. Seek private consultation and representation with a California-licensed family attorney. Best of luck! Related Questions3 Attorney answers: 
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