When you are going through a divorce or about to start your divorce and you move, especially move to different county, you are going to have to decide where you want to file your divorce case. Keep in mind that there are ruled of where you can file as discussed below.
We had new clients that fell into this situation. They lived in Orange County where they were selling their home and in the meantime, both spouses moved to Los Angeles County. The problem the occurs here is that on the divorce Petition form FL-100, it states that at least one of the spouses in the divorce has to have lived in the State of California for at least 6 months and lives in the County they are filing for divorce in at least 3 months immediately prior to filing for divorce in that County.
So the question became where do we file their divorce case? In Los Angeles or Orange County? Here is what was decided and why. They had lived in Orange County for some time and had their primary residence there. Even though they have moved out of Orange County recently, they had most recently lived in Orange County for the 3 months prior to filing for divorce. Another problem that there was is that it would be difficult to file for divorce in Orange County using Los Angeles County addresses. The courts would call that into question.
So what we did is had them use their current address in Orange County so we could file the case in Orange County now. The other thing we could have done is wait the 3 months to file their divorce case in Los Angeles County. But as you can probably guess, waiting was not something that they wanted to consider. So we are filing their divorce case in Orange County.
I wanted to write and article and shoot a quick video on this because many folks find themselves moving either prior to starting their divorce or after filing their divorce. If you move out after filing for divorce, that does not change anything with the courts. Just make sure to complete a change of address with the court.
Where you live is only a concern when move prior to filing for divorce.
Just remember. Per the divorce Petition, you must live in California for 6 months and in the County for 3 months prior to filing for divorce in that county.