Legal Question in Family Law in California
I live in California and my husband and i have been separated for 24 years. He is incarcerated in a Texas prison. How do I got about a divorce with him there and me here. We have 2 children together who are grown and do not have any property together.
1 Answer from Attorneys
You can file for divorce here if you meet the residency requirements. The residency requirements are that either you or your spouse must have lived in California for the last 6 months, AND the county where you plan to file the divorce for the last 3 months.
Assuming that you meet the residency requirements, you may have a problem with personal jurisdiction, especially if your husband has never lived here. If that is the case, you would want to probably file in Texas.
I suggest at least consulting with an attorney before you begin. If you do decide to proceed on your own, Nolo Press has a book on do it yourself divorces in California that is available in most public law libraries, and in a few regular public libraries as well.