Legal Question in Family Law in California

Can an American citizen easily file a divorce with a non US citizen?

She entered thru a K1 visa. The marriage is genuine. But within a year of their marriage, she decided to go back to her home country. Because of this, she couldn't get back as she also had some troubles with visa. Can her husband filed and process a divorce without his wife consent?


Asked on 7/08/10, 4:52 am

2 Answers from Attorneys

California is a "no fault" divorce state, meaning you don't need to prove adultery or other "fault" if your spouse will not cooperate in a divorce. All you have to do is file on the basis of "irreconcileable differences." So the filing is easy. It's getting the other spouse properly served overseas, and handling the rest of the case internationally that will get complicated.

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Answered on 7/08/10, 8:01 am
James Bame San Diego Law Office

Yes it can be done but service will be the issue. Contact me directly.

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Answered on 7/08/10, 2:33 pm


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