Legal Question in Family Law in California
i just want to ask can i file divorce eventhough my partner is not present here in usa? he is in philippines can i do that?
Asked on 3/07/13, 3:48 am
2 Answers from Attorneys
PATRICK MCCRARY
PATRICK MCCRARY
Yes, you can file in California. You must then have him served in the Philippines. The court may have jurisdiction to dissolve your marriage, but nothing more. You should consult an attorney for more information.
Answered on 3/07/13, 7:05 am
Mr. McCrary is right. You can file in California but unless he is cooperative and voluntarily submits to the jurisdiction of California courts and law, all California can do is end the marriage. You will not be able to get an asset division, or child or spousal support orders that will be binding.
Answered on 3/07/13, 8:52 am