What are the residency requirements for filing for a military divorce?

In California, when filing for a military divorce, residency requirements must be met. A service member or the spouse of a service member must be a resident of the state for at least six months before filing for divorce. The service member must be stationed in California for at least 90 days and be registered to vote in the state. The couple can be living separately, even if one is stationed outside of California, as long as the service member remains registered to vote in the state. For non-service members, the spouse must be a resident for at least six months prior to filing for the divorce. In addition, the service member or non-service member spouse must reside in California for the three months before the divorce is finalized. The court may waive this requirement if “good cause” can be demonstrated. Good cause may include substantial financial hardship or lack of legal rights in the state where the service member is currently stationed. The court will consider all of the circumstances to determine whether to waive the residency requirement. It is important to understand these residency requirements if you are a service member or the spouse of a service member considering filing for a military divorce in California. Failing to meet the residency requirements may result in your divorce request being denied, so it is important to consult with a qualified attorney to understand your rights and responsibilities.

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What are the residency requirements for filing for a military divorce?

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