Legal Question in Family Law in California
I'm an American citizen (California resident) who married a Bulgarian citizen in Bulgaria. We've never lived together in the US since being married. Can my wife divorce me in a California court or does it have to be in Bulgaria? If she divorces me in Bulgaria and there is a ruling made against me, is there a means by which that decision would be enforceable in the US? (No children are involved)
1 Answer from Attorneys
There are always two issues when filing a divorce in California.
The first is the residency requirement. To satisfy the residency requirement, one spouse must have lived in California for the last 6 months, and the county where the dissolution petition is filed for the last 3 months.
The second issue is personal jurisdiction over the respondent. A non resident of California can challenge jurisdiction of the court over his or her person if their spouse files for divorce here. That issue can get factually complex, but if your wife files here and you are here when you are served, legal authority is clear that California has jurisdiction over you. If you file here, however, and she has never been here, then you may have jurisdictional problems if she challenges you on the issue.
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