Larry and Gina married in Texas but lived in several states during their 28-year marriage. In fact, they still jointly owned houses in Texas, Pennsylvania, and Illinois. The couple enjoyed the extra income from renting the properties and hoped to retire to one of the properties one day. When Larry decided to file for
divorce, he was living in California while Gina still lived in Illinois. He wasn’t sure how to handle a divorce when he and his spouse have multiple residences, in multiple states. This sticky situation arises more frequently than you might imagine.
Residents of California
To file for divorce in California, you must meet the following residency requirements:
- You must have lived in California for the last 6 months; AND
- You also must have lived in the county where you plan to file for at least the last 3 months.
Notice that only the person
filing the divorce is held to these residency requirements. Problems occur when one spouse lives out of state or the couple own property in more than one state.
However, filing the divorce petition is only the first step in the process. At some point, the parties will have to consider how to divide property that is not located in California.
Property Outside of California
California courts typically do
not have the power to control property located in other jurisdictions.
While the judge can make decisions about a divorce case filed in California, it may not have the power to divide out-of-state property. This situation is called a divisible divorce. It may be necessary to hire attorneys practicing in states where the other property is located to handle property division.
Divorce When Your Spouse Has Multiple Residences Can Get Complicated
You may have to give careful consideration about the best jurisdiction in which to file your divorce. Discuss your options with an experienced divorce attorney as soon as possible.
Judy Burger is a California Certified Family Law Specialist, and founder of the Law Offices of Judy L. Burger. Please call our offices at 415-293-8314 to set up an appointment with one of our attorneys. We assist clients along the Northern to Central California Coast.
