If a california resident, married in Delaware wanted to file for divorce; what state should he get a divorce in?

I am a California resident , but was married in Delaware; what state am I legally binded to file for a divorce in?

 

Answers (1)

Delaware law requires a spouse to have resided six months in the state before filing for divorce, which may done in a county where either of the spouses resides.  California law, on the other hand, requires that either of the spouses be a resident of the state for six months and of the county where he or she intends to file the petition for the three months prior to the filing.  The petitioner spouse will file divorce papers with the Superior Court of California for the county in which he or she and his or her ex-spouse is domiciled.  If the petitioning spouse and his or her spouse have lived in California for a minimum of six months but in different counties, he or she can file in either county.  If the spouse seeking the divorce does not satisfy the residency requirement, he or she may file for legal separation.  Once sufficient time has elapsed that he or she satisfies the requirements for a divorce, he or she may file an amended petition and request a divorce from the court.

 

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