SECTIONS 2320-2322 - California Statutes

FAMILY.CODE

SECTION 2320-2322

2320. 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.

2321. (a) In a proceeding for legal separation of the parties in
which neither party, at the time the proceeding was commenced, has
complied with the residence requirements of Section 2320, either
party may, upon complying with the residence requirements, amend the
party's petition or responsive pleading in the proceeding to request
that a judgment of dissolution of the marriage be entered. The date
of the filing of the amended petition or pleading shall be deemed to
be the date of commencement of the proceeding for the dissolution of
the marriage for the purposes only of the residence requirements of
Section 2320.
(b) If the other party has appeared in the proceeding, notice of
the amendment shall be given to the other party in the manner
provided by rules adopted by the Judicial Council. If no appearance
has been made by the other party in the proceeding, notice of the
amendment may be given to the other party by mail to the last known
address of the other party, or by personal service, if the intent of
the party to so amend upon satisfaction of the residence requirements
of Section 2320 is set forth in the initial petition or pleading in
the manner provided by rules adopted by the Judicial Council.

2322. For the purpose of a proceeding for dissolution of marriage,
the husband and wife each may have a separate domicile or residence
depending upon proof of the fact and not upon legal presumptions.