What are the residency requirements for the divorce of a same-sex couple in California?

Some same-sex couples do not need to meet the standard residency requirements for couples divorcing in California.

If a same-sex couple was married in California, but neither spouse lives in a state that can legally dissolve the marriage, the couple may file for divorce in California without meeting the residency requirement. These same-sex couples can file for divorce in the same county in which they were married.

These parties should note that if neither spouse meets the California residency requirement, the judge may not be able to rule on issues such as division of property or child custody. A knowledgeable California divorce attorney should be able to guide out-of-state same-sex couples on these issues.

Same-sex couples who were married outside of California must meet the standard residency requirement: one of the spouses must have resided within California for the last six months, and within the county where the divorce complaint is to be filed for at least the last three months.

Other Frequently Asked Questions about Mediation

• Will a divorce impact my ability to collect Social Security benefits on the work record of my ex?
• What if we begin mediation, but we find that we cannot agree on some issues?
• What are the residency requirements for the divorce of a same-sex couple in California?
• Is mediation the same as collaborative divorce?
• If I use divorce mediation, will I have to go to court?
• If I divorce through mediation, will I need a lawyer?
• How much does divorce mediation cost?
• How long will it take to finalize our divorce using mediation?
• How do I choose a divorce mediator?
• How can I know that my mediator will be neutral and unbiased?