Legal Question in Family Law in California

I have a 1994 Colorado legal separation that is good indefinitely and can be turned into a divorce - in Colorado. So far we both have remained residents of Colorado. Now the other party is moving to California in a few months, and I may also move to California in a couple of years. Will the Colorado legal separation be valid in California and can it be turned into a divorce in California? (Restated: If one or both of us move to California, can we use the same Colorado legal separation agreement indefinitely to remain legally separated as far as California is concerned and can we turn it into a divorce in California without further legal agreements/negotiations?

Thank you very much.


Asked on 2/20/11, 3:35 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

Most likely the legal separation would be valid in CA. If you two want to get divorced so you can remarry, it might be simpler if just complete the divorce process in CO, so that you don't have to worry about going across state lines. Most likely it shouldn't be a problem to file for divorce in CA, and use your legal separation judgment to settle all of the property issues. You would be filing for a status termination, as long as you meet the residency requirements to be in CA for at least 6 months.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

1625 The Alameda Suite 204

San Jose, CA. 95126

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 2/21/11, 12:50 pm


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