(a)Except as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.
(b)(1)A judgment for dissolution, nullity, or legal separation of a marriage between persons of the same sex may be entered, even if neither spouse is a resident of, or maintains a domicile in, this state at the time the proceedings are filed, if the following apply:
(A)The marriage was entered in California.
(B)Neither party to the marriage resides in a jurisdiction that will dissolve the marriage. If the jurisdiction does not recognize the marriage, there shall be a rebuttable presumption that the jurisdiction will not dissolve the marriage.
(2)For the purposes of this subdivision, the superior court in the county where the marriage was entered shall be the proper court for the proceeding. The dissolution, nullity, or legal separation shall be adjudicated in accordance with California law.
Notes of Decisions
Woul Park v. William P. Barr, 946 F.3d 1096 (9th Cir. 2020).
“1 This statutory provision now appears at Cal. Fam. Code § 2320 . 12 PARK V. BARR We REVERSE the order of the district court, and REMAND for further proceedings consistent with this opinion.”
Mesi Vs. Mesi, 2020 NV 89 (Nev. 2020).
· cites it 2× “Cal. Fam. Code § 2320 (a) (West 2020). The California court has not ruled on this motion.”
Peng v. Su Hsieh, 31 Misc. 3d 528 (N.Y. Sup. Ct. 2011).
“Even if plaintiff, as she contends, was not a domiciliary of California on the date of commencement — which in turn would indicate that she perpetuated a further fraud on the California court by declaring as much in her petition for dissolution — the California court found that…”
Marriage of Patel CA4/3 (Cal. Ct. App. 2025).
“(Fam. Code, § 2320, subd. (a).) In contrast, there is no residence requirement for filing a petition for legal separation and obtaining a judgment of separation.”
Marriage of Patel (Cal. Ct. App. 2025).
“(Fam. Code, § 2320, subd. (a).) In contrast, there is no residence requirement for filing a petition for legal separation and obtaining a judgment of separation.”
Marriage of J.B. & C.B. CA3 (Cal. Ct. App. 2026).
“” Family Code section 2320, subdivision (a) provides that “[e]xcept as provided in subdivision (b), a judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state for six months and of the county in which the…”
Ciokewicz v. Friend CA3 (Cal. Ct. App. 2015).
“Bones) failed to meet the statutory residence requirements to file for dissolution (Fam. Code, § 2320); and (2) the Utah court was first to acquire jurisdiction over the parties, and was therefore entitled to priority (see Mungia v.”
— Cal. Family Code § 2320(a) — 1 case
Mesi Vs. Mesi, 2020 NV 89 (Nev. 2020).
“Cal. Fam. Code § 2320 (a) (West 2020). The California court has not ruled on this motion.”
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