Divorce Residency and Filing Requirements in California

Residency and Filing Requirements in California - 

      In California a divorce is called a "dissolution of marriage."

      In order to file for divorce in California, at least one of the parties must have resided in California for at least six months prior to filing, and in the county where he/she plans to file for the divorce, for the prior three months.  

     A Petition for Dissolution of Marriage and Summons may be filed with the Superior Court in the county where one of the spouses has resided for the past three months. The actual location for filing is determined by your ZIP code.  Click here for the ZIP code directory at the San Diego Superior Court's website. 

      There are 4 locations for filing a Dissolution of Marriage in San Diego County:

• Family Court Branch at 1555 Sixth Avenue, San Diego 92101
• East County Branch at 250 E. Main Street, El Cajon 92020
• South County Branch at 500 Third Avenue, Chula Vista 91910
• North County Branch at 325 South Melrose Drive, Vista 92081

      Under normal circumstances (not a mediation setting), here is what happens next:

• The Petitioner, who is the party filing the Petition, must prepare and serve the other party, the Respondent, with copies of the Petition and other paperwork.  
• The Respondent must be personally served, or the Respondent may agree to service by mail and sign a Notice and Acknowledgment of Receipt, which he or she signs and sends to the Petitioner.
• If the Petition is personally served, that Proof of Service must be completed and signed by the server (who cannot be a party to the action) and filed with the court.
• If a Notice and Acknowledgment is signed by the Respondent, it must be returned to the Petitioner, who files it with the court.  
• The Respondent then completes and files a Response and has it served on the Petitioner, either personally or by mail by someone who is not a party to the action.  
• That Proof of Service must be completed filed with court. 

      HOWEVER, one of the benefits of the mediation process at Divorce Mediation Group is the Summons, Petition and Response are prepared and filed at the same time; there is no need to serve either party or prepare a Proof of Service. 

     This can be a huge relief for those parties who wish to begin the divorce process amicably and avoid the potentially embarrassing service of documents at someone's workplace or at home when children are present. The respectful preparation and filing of these documents within the private confines of mediation sets the tone for the divorce journey.

Kim Werner

Program Manager, Divorce Mediation Group

kwerner@ncrconline.com