Venue is the proper geographic location for a legal case. In California state court, this usually means the county where the case should be filed or heard. Venue is different from jurisdiction, which concerns a court’s legal authority to decide the matter. More than one location may be proper, depending on the case.

In California Family Law

For a divorce, the usual residency requirements are six months in California and three months in the county where the petition is filed. At least one spouse must meet both requirements. Family Code § 2320 states these requirements and includes a limited exception for certain marriages between spouses of the same sex.

For example, if one spouse has lived in California for several years and in Orange County for the past year, a divorce can generally be filed in Orange County even if the other spouse lives elsewhere.

The correct filing location depends on the type of proceeding. Do not assume the divorce residency rule applies to every custody, parentage, or restraining order case. A dispute over venue may require a request to transfer the case. If another state or country is involved, the court’s authority to decide custody or other issues is a separate question.