Legal Question in Family Law in California
international divorce
I am an american living in south africa, married to a south african for nearly 6 years. I am leaving SA and returning to California. My question is this: can I get my divorce from this SA man in California, as getting a divorce here is way, way too expensive and extremely inconvenient due to the non-user friendliness of this govt.'s policies on legal forms, advocacy, etc.? We have no children, and will have no property to divide. Could I download California divorce papers here, have him sign the originals, then file in Calif. when I get there? I just want to make sure I have no legal strings attached when I leave here. Please advise.
Respectfully,
Kate Gerber
1 Answer from Attorneys
Re: international divorce
You must be a resident of the State of California for six months before you there is a six month waiting period after he is served before the dissolution is final. An alternative is that you can file for a legal separation and serve him without taking a judgment. After you have lived in California six months you can amend you petition to a dissolution. The six month waiting period begins when he is served with the legal separation. I will take 7 - 8 months for the dissolution to be final rather than over on year from the time you get to California. Good Luck, Pat McCrary
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