Family law
Residency requirement
How long at least one spouse must have lived in a state, and sometimes a county, before filing for divorce there.[1]
In more detail
In California, one spouse must have lived in the state for six months and in the county for three months before filing for divorce;[2] a legal separation has no time requirement, and registered domestic partners have different rules.[1]
Varies by state
Residency rules differ by state. Find your state’s rules.
Related terms
- Waiting periodThe minimum time some states require between filing for divorce and the divorce becoming final.
- Legal separationA court process that divides property and debts and sets support and parenting orders while the spouses stay legally married.
- JurisdictionA court's legal power to rule on a particular kind of case.
- AffidavitA written or printed statement made under oath.
- VenueThe geographic area, such as the county or district, where a case is filed and heard.
Read next on MediationList
Sources
The official documents this definition is based on, with the date we last read each one. Definitions are in our own words.
General information, not legal advice. MediationList is not a law firm. Spotted an error? Tell us.
Cite this page
MediationList. (2026, October 28). Residency requirement: Definition. https://mediationlist.com/glossary/residency-requirement/
APA 7th ed. A retrieval date is included only for pages whose content changes, such as maps, data and tools.