What is the burden of establishing residence on the spouse?
California, United States of America
The following excerpt is from Kwon v. Byung Seon Park (In re Marriage of Kwon), G057226 (Cal. App. 2020):
"Whether the residency requirement has been met is a question of fact and the burden of establishing residence is on the party asserting it." (In re Marriage of Dick (1993) 15 Cal.App.4th 144, 153.) However, the issue of whether domicile has been established may be waived. (Zaragoza v. Superior Court (1996) 49 Cal.App.4th 720, 725.)
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