What state to file for divorce in

My wife and I were married in Washington
state but have been living for 6 months in
California but haven’t switch our IDs to
California yet but wanting to file for
divorce what state do we file in Wa or ca

Asked on May 6, 2016 under Family Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

A divorce can be filed in the state in which either spouse is a legal resident. Typically, to establish residency, a person must have lived in a state for at least 6 months (although state laws vary). Further, a divorce is not filed in the state where the marriage took place, unless that is where 1 or both of the parties currently resides.
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