What is the residency requirement for California divorce? Written By Sandra McCarthy Founder, A People’s Choice The residency requirement for California divorce provides that at least one of the spouses has to have been a resident of the state of California for at least six months before filing the divorce petition. You must also live in the county where you file the divorce petition for at least three months before filing. If neither spouse meets the six month residency requirement for California divorce, they can file a legal separation and then amend the Petiton at a later time once they have met the residency requirements. By Sandra McCarthy|January 28th, 2021|Divorce Column 1, Divorce FAQs|Comments Off on What is the residency requirement for California divorce?