We want a divorce. My soon-to-be-ex wife & I live in NC. We'd have to "separated" for a whole year before we can divorce here in NC. I lived in CA for most of my life. Can I get a divorce there without wait? The CA Residency Requirement rule is confusing to me. Does it pertain to living there only recently for six months; or during any time throughout my life for at least six months?
Yes. CA requires either party be resident of CA for at least six months immediately preceding filing petition for dissolution of marriage.
One of you has to be a CURRENT resident.
All of Ms. Straus’ responses posted on Avvo are intended as helpful information, based solely upon the facts stated in the question, and are not to be relied upon as a full or complete legal opinion. It may not be what you wished to hear, and it does not create an attorney-client relationship. Ms. Straus has been licensed to practice law in California for 33 years. Ms. Straus regrets that she does not provide follow up free advice via email. Good luck.
I agree with my California colleagues, and I will simply add that the six-month current residency requirement (to be distinguished from the one-year requirement of separation, of which you are already aware) is the same here in North Carolina, just in case you did not know that, and needed to consider instituting the proceedings in North Carolina. I know that you do not intend to do that, but again, I offer this just for your general information. I hope our answers on Avvo are very helpful to you. Best wishes in your new life; be blessed.
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