Legal Question in Family Law in California

My wife and I have been split up for over 2 years. She lives in Minnesota and I am here in CA. Do we have to file for divorce or is there some amount of time that we are already divorced. I have found another woman to marry and I need to know what steps I need to take as she is from Colombia and I want to marry her soon.

Thank You!

Perryn Ivery


Asked on 10/30/09, 2:48 pm

2 Answers from Attorneys

Tina Chen Law Office of Tina Chen

Yes you need to file for divorce. If you do not file for divorce, your marital status will never terminate and any subsequent marriages will not be valid. As long as you have lived in California for at least 6 months, you can file a Petition for Dissolution in California in the County where you have resided for at least 3 months prior to filing. If you need assistance in completing the paperwork, please contact my office.

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Answered on 11/04/09, 4:15 pm

If your soon to be ex is not going to contest the dissolution and there will not be any fights over property or debts to be decided by a judge, I highly recommend the book How to Do Your Own Divorce in California, published by Nolo Press. Many years ago, before I began practicing Family Law, I did my own divorce using that book. Even though I was a lawyer at the time, I found it much easier and more helpfull than any of the books in the law library. In fact, I still keep a copy around the office to refer to when I just need to check something quick and simple that I don't remember off the top of my head.

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Answered on 11/04/09, 10:31 pm


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