If I’m in the military stationed in a stae that is not my legal residence, can I file in my home state?

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If I’m in the military stationed in a stae that is not my legal residence, can I file in my home state?

Asked on May 16, 2012 under Family Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Many states have a special residency for military personnel stationed there for the filing of divorce proceedings. You have listed California as the state here in your question.  To file a divorce action in California, one of the parties must have resided in California for the immediate preceding 6 months, and in the filing county for the preceding 3 months.  In the case of military members, however, that rule is satisfied if your residence or domicile is in California for the required time. (A person can have many residences, but only one domicile.)  You are domiciled there.  So you have the optinio to file in California or in your home state.  Good luck.  And than you for your service to our country.


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