The short answer is yes. In order to file for dissolution of marriage, the parties must be a resident of the county for at least three months at the time of filing. The way to bypass this requirement is to file for legal separation. So, for example you and your wife could reside in Los Angeles County during the marriage. You separated and your wife moved to Orange County. Subsequently you were served with legal separation paperwork out of the Orange County Superior Court. This is a way to bypass the jurisdiction requirement. In effect, you will have to respond to the legal separation in Orange County and all subsequent court hearings (if any) will be held in Orange County. If you want to be divorced and not just separated you can respond to the legal separation as a “dissolution of marriage” and this will effectively change the nature of the case from legal separation to dissolution of marriage.

There are a lot of technicalities and jurisdictional requirements that the lay person may not be aware of. Therefore, it is important to hire a knowledgeable Orange County family law attorney to properly advise you and assist you in your case. There are many other things that can add complications to the filings and requirements such as where the children primarily reside. Be aware that once you are personally served with dissolution or legal separation you only have 30 days to respond. Therefore, it is important to consult with a family law attorney as soon as you are served.

Wallin & Klarich has more than 30 years of experience in family law. Our attorneys know from long experience what works in a divorce case, and are prepared to fight to get you the best possible outcome. With 16 attorneys in 33 offices throughout Southern California, we can be there when you need us — wherever you are. If you’re thinking of hiring an attorney for a mediated divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.