Does California have Jurisdiction for your divorce?

When the defendant is a nonresident, then you must have been a bona fide resident of this state for six months and of the county for three months prior to the filing of the complaint, which must be stated in the complaint and proved at the final hearing (Drivers License, etc.).

If you have minor children living with your spouse in another state for over six months then you should consider filing in that state as that court has jurisdiction over the children. Your spouse can waive that jurisdiction in writing.


You should file the divorce in the county where you presently reside, or in the County where your spouse resides, if she lives in another County. You or your spouse must have a California address in the county where you are filing your divorce. California civilian residents living overseas may file in California if they have maintained their residency in California.