California Family Code § 2320: Residency Requirement

Plain-Language Summary

Section 2320 sets California’s residency rules for divorce (dissolution of marriage). In simple terms, you generally can only get a California divorce if at least one spouse has lived in California for at least six months, and in the county where you file for at least three months. In other words, neither spouse can move to California just to divorce immediately. (An exception exists for same-sex couples married in California – the court can grant a divorce even if neither is currently a resident, as long as California was the place of marriage and no other jurisdiction will dissolve it.) This requirement is mandatory, but California courts have held that failing to meet it is an error in judgment, not a lack of jurisdiction.

Real-World Examples

Nonresident spouse filing for divorce: Alice moved to California only two months ago and files for divorce. Because she hasn’t lived here six months yet, the court will not enter a divorce decree until that requirement is met (she must wait four more months before the court can grant the divorce).
County residency requirement: Bob has lived in California for over a year but only recently moved to Los Angeles County. He must also wait three months after moving before filing for divorce in Los Angeles County. If he filed immediately, the court would dismiss or delay the case until the three-month county residency period is satisfied.
Same-sex marriage exception: Carol and Dana married in a California ceremony, then moved out of state. Neither currently lives in California, but because they were married here and no other state will dissolve their marriage, a California court can grant their divorce without either spouse meeting the usual residency periods. This exception applies only to same-sex marriages entered in California (see 2320(b)(1)).

Published Case Law on § 2320

Estate of McNeil (1900) 155 Cal. 333: In an estate case, the California Supreme Court held that failure to meet the residency requirement is not jurisdictional. The court explained that once a divorce case is filed, the court already has subject-matter jurisdiction, so missing the six-month rule is merely an error in the exercise of jurisdiction.
Bullard v. Bullard (1922) 189 Cal. 502: The court ruled that the residency requirement (then one year) is not jurisdictional and can be waived. Even if the requirement was not met, the court retained jurisdiction over the divorce proceeding.
DeYoung v. DeYoung (1946) 27 Cal.2d 521: The Supreme Court confirmed that the residency statute “does not impose any limitation upon the jurisdiction of the superior court.” The court emphasized that errors in meeting the residency requirement do not invalidate divorce judgments.
Chernow v. Chernow (1954) 128 Cal.App.2d 816: The court clarified that § 2320’s residency requirement is mandatory but not jurisdictional. Failing to plead or prove residence was deemed a procedural issue that could be corrected by amendment to the petition.

Full Text of California Family Code § 2320

§ 2320.
(a) Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.

(b)(1) A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident or domiciliary of this state at the time the proceedings for dissolution, nullity, or legal separation are commenced, if all of the following conditions are met:
(A) The marriage was entered in California.
(B) Neither of the parties to the marriage resides in a jurisdiction that will dissolve the marriage.

(2) For the purposes of this section, the superior court in the county in which the marriage was entered has jurisdiction and is the proper venue for the proceeding.

*Nothing on this page should be considered legal advice. For legal guidance, consult a qualified attorney.