Did you file for divorce in the right courthouse? - The Men's Legal Center

SAN DIEGO DIVORCE LAWYERS

Did you file for divorce in the right courthouse?

A. What state and county do I file, or can I file?

With everybody moving on an average of every five years, knowing where to file your divorce paperwork is not so obvious. To file for divorce in California, you would normally live in the state for 6 months and in the county for 3 months before you can file in a California family law court.

Here is the catch, you can use the other party’s residency in the state of California to file your Petition for Dissolution. You just have to mark the box on your Petition for Dissolution that you are using the other party’s residence to request the California family court to address the divorce petition.

B. Authority (Jurisdiction) to address the Petition for Dissolution

The residency requirement is important. If one of the parties does not meet the residency requirement of 6 months in the state and 3 months in the county, the California Family Court in the county where the Petition is filed does not have jurisdiction to address the Petition for Dissolution i.e., the court does not have the legal power or authority to deal with the matter.

C. Counties with multiple family law courthouses?

Some counties have multiple family law courthouses located in the county. Normally the family law county will assign a zip code within its county borders to a particular family court.

Keep in mind, the fact that you can file in California does not mean California will have authority over the other party.

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