Legal Question in Family Law in California

Foreign divorce

My husband and I were married in California. We were married for 5 years. If we were divorced in a foreign country (both agreed and signed terms of the dissolution),is our divorce valid in California? We both currently reside in California. If it's valid, can it be legally challenged?


Asked on 4/02/01, 2:41 pm

3 Answers from Attorneys

Matthew Kremer Law Offices of Matthew M. Kremer

Re: Foreign divorce

If the divorce is considered valid in that country and the requirements of due process (notice and ability to be heard) as we understand it were met, CA will recognize the divorce and the terms of the divorce.

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Answered on 6/04/01, 9:48 pm
Shaune Arnold Law Offices of Shaune B. Arnold, Esq.

Re: Foreign divorce

If a divorce is legal where it was contracted, then California will recognize that divorce. It can be challenged on the basis of fraud, etc. if it can be shown that the outcome of the divorce, or the property distribution under the divorce, would have been different.

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Answered on 6/06/01, 3:36 pm
E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Foreign divorce

Dear Inquirer:

Nothing herein shall create an attorney-client

relationship, unless a written retainer agreement

is executed by the attorney and client. This

communication contains general information only.

Nothing herein shall constitute an attorney-client

communication nor legal advice. There likely are

deadlines and time-limits associated with your

case; you should contact an attorney of your

choice for legal advice specific to your personal

situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general

information about California Family Law, Tenants'

Rights, and Juvenile Dependencies, and EDD

hearings and appeals, as well as information

about me (education, experience, et cetera)

and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, California

will recognize a valid divorce from most foreign

countries. Given that you both signed

papers, the requirement of NOTICE and OPPORTUNITY

to be heard probably has been met. Marital status

probably cannot be challenged (you both are single

persons now). Other aspects of the divorce may be

able to be challenged or modified, under certain

circumstances.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

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Answered on 6/05/01, 1:20 pm


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