Legal Question in Family Law in California

Divorce: I married an american in California, but I am not american. We split up before any residency procedures were started. I am back in Canada since he left me but wish to divorce. I am not in contact with my ex but so know he is in Maryland. I will be in California in January...am I able to file for divorce even though I am a non resident? thanks.


Asked on 12/09/10, 12:07 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I suggest you speak to a family lawyer at length. It would appear that you have problems with the residency requirements for filing for divorce, and may have problems with personal jurisdiction.

With respect to the residency requirements, to file for divorce in California, either you or your spouse must have lived in California for the last 6 months, AND the county where you plan to file the divorce for the last 3 months.

If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.

If you don't meet the residency requirement, you can still file for a legal separation. Once enough time has passed so that you meet the residency requirement for a divorce, you may file an "amended petition" and ask the court for a divorce.

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Answered on 12/14/10, 10:04 am
Betty Freeman Law Offices of Betty w. Freeman

you will not be able to file in California as you are not a resident here. I suggest you ask this question in the Maryland jurisdiction as you may be able to file in the jurisdiction where the respondent is a resident.

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Answered on 12/14/10, 12:58 pm


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