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What are the requirements for filing a Petition for dissolution of marriage, a.k.a. "divorce?"

8/21/2012

5 Comments

 
In California, there are two residency requirements that must be met before one may file a Petition for dissolution of marriage or "divorce." First, one of the parties must have been a resident of the state for at least six months;  and second, one of the parties must have been a resident of the county in which they are filing for at least three months immediately preceding the filing of the Petition for dissolution of marriage. If either one of the parties meets these requirements, then either party can file a Petition for dissolution.

What if you recently moved to California, or the county, and don't yet meet the requirements but still want to start the process? One could first file a Petition for Legal Separation and then once one met the residency requirements for a dissolution of marriage, one could then amend their Petition for Legal Separation to a Petition for Dissolution of Marriage. However, the new Amended Petition would have to again be served on the other party.

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2/17/2014 08:23:18 pm

Every country has their own rules and requirements for filling a petition for dissolution of marriage. It is a new thing for me that before filling a petition it is also significant to check the residence period. In California lots of spouses filing petitions for suspension of their marriages and these tips assist them to submit in the right way.

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    Maria E. Crabtree, CFLS
    Rebecca L. Lovell, Esq.
    Kelley F. Stieler, Esq.
    ​Alistair Shaw, Esq.

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    Disclaimers:  This web site and blog is designed for general information only. Information posted on this site and blog does not constitute legal advice. By accessing this site and blog, you do not form an attorney-client relationship with Maria E. Crabtree.  Family law is a state-specific practice, and Maria E. Crabtree only represents clients whose cases are within California's jurisdiction.

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  • Home
  • Attorneys
    • Maria E. Crabtree, CFLS--Managing Attorney
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