Legal Question in Family Law in California
I am a US citizen that is married to a non US citizen and neither of us lives in the United States and my spouse has never lived in or ever been to the United States. She lives with another man and has a family with him. She claims this man Mother that does live in the US has gotten an agreement with a US lawyer to file a divorce on our behalf without my consent or approval. I believe she lives in California so I am assuming it is with a lawyer in California. I am not a resident so my question is...is this in anyway possible? I do want a divorce but I want everything to be legal and as far as my understanding was that if I was to file in the US I would have to move back there and establish residency first...is this correct?
1 Answer from Attorneys
You are correct. One of you has to have lived in California for at least six months and in the county of filing at least four months before filing for divorce or California has no jurisdiction.
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