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?
3 Answers from Attorneys
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.
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.
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.