The first thing you need to do if you want to file for divorce is figure out where you need to file. Most people will file for divorce in the courthouse that is closest to their home. For example, if you live in Chula Vista, CA, which is in San Diego County, then you will file your divorce in the Chula Vista courthouse of the California Superior Court in San Diego County.
Sometimes, though, it is not that easy. What if you live in San Diego County but your spouse now lives in (or will soon move to) Orange County? If you and your spouse have no children together, then it will probably be best to file for divorce in San Diego County. If you and your spouse do have children together, most judges will want the divorce to be handled in whatever county the children live in. If you want the children to stay in San Diego County, then file for divorce in San Diego. If you think the children will live in Orange County, then you might file for divorce in Orange County.
What if you live in California but your spouse now lives in another state? If there are children involved, the law requires that the divorce be filed in the location where the children have been living. If you want to file for divorce in San Diego, you will want to be able to tell the judge that the children have been living in San Diego for the last 3 months and in California for the last 6 months.
If you have any more questions about where to file for divorce, please call us to speak to an experienced divorce lawyer. We’re here to answer your questions.
Wallin & Klarich has more than 30 years of experience in family law. Our Southern California family law 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 divorce, call us today at 1-888-749-7428 for a consultation, or fill out the online case evaluation form to the right.
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