FAMILY CODE SECTION 2320-2322
2320. (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.
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
(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,
each spouse may have a separate domicile or residence depending upon
proof of the fact and not upon legal presumptions.