Legal Question in Family Law in California
Divorcing while residing out of the country
Is it possible to conduct the divorce process while you and your spouse are both residing in another country? What happens to the custody of the kids then? What if one spouse decides to live in that country and the other decides to return to the US? How is custody of the children handled then? Also, what happens if the other spouse has a history of abuse and depression, will California allow the children to live with the mother out of the country then?
1 Answer from Attorneys
Re: Divorcing while residing out of the country
The answer would depend on why you are in another country. The court would need to find that the state is the habitual residence of the child, among other findings. So it is possible, but you would need to talk to an attorney about your situation. Good Luck, Pat McCrary
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