Divorce FAQ Carlsbad Divorce

Residency Requirements - Jurisdiction

Answer:  To file for divorce (called "dissolution"), at least one spouse must have lived in the state for six months and in the county where he or she files the court papers for three months.  A form called a "petition" must be filed with the clerk of the court in the county where either spouse lives.  Parties with very low incomes may file documents requesting a waiver of the filing fees.  If your residency does not qualify you to file for divorce, please consult our office about the possibility of filing for a legal separation.