I am not a California resident. Can I file for divorce in California? Written By Sandra McCarthy Founder, A People’s Choice Fact Checked California law requires a person to live within the state for at least six months prior to filing for divorce. If you do not meet this criteria, you may be able to for legal separation. Afterwards, once you have lived in the state for six months, you can amend your legal separation documents and file for divorce. By Sandra McCarthy|December 3rd, 2017|Divorce FAQs|Comments Off on I am not a California resident. Can I file for divorce in California?