Law Office of Stephen W. Penn and Associates

There are alternatives to divorce if there is no residency status

If you're living in California and living with a spouse that you would rather not, it might be time to make a change. Even if you have been emotionally committed to someone for a long time, there are quite a few reasons that someone may feel the need to end a marriage.

Residents of the Golden State may generally file for divorce if they meet the requirements. A section of the California Family Code requires at least one spouse in a filing for divorce to have lived in the state for at least six months and the county in which they have filed for a minimum of three months.

If something urgent and time-sensitive is on the line, like joint business concerns or working out child custody when parents are no longer living together, there are other options that do not carry a residency requirement. A marriage may be annulled under certain circumstances, such as one partner not meeting requirements for marriage at the time or an improperly completed marriage.

An order of legal separation may also be filed in California without a proven history of residence. This order could later be amended to request a divorce in a California court once residency requirements have been established by one of the spouses.

Anyone dealing with the consequences of a failing marriage can work out their options with the help of an attorney. Legal representation can be a very useful part of the search for a new life and working out how to wrap up the remains of the old one.

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  • SCBA | Santa Clara County Bar Association | EST 1917
  • State Bar Of California | California Board Of Legal Specialization | Stephen W. Penn
  • Henry P. Collada Memorial Award 2012