Legal Question in Family Law in California
I live in California/ I was married in Mexico 17 years ago. Since that time. We have bought and sold property as single people. I never changed my name or status on any legal document's. We have been separated for almost a year now. Do I need to file for divorce in California or Mexico?
2 Answers from Attorneys
If you have legally lived in California for the last six months, California has jurisdiction.
Mr. McCormick confuses statutory jurisdiction under Family Code section 2320, with In Personam jurisdiction. The question that I would have for you is whether your wife is in California as well? If she has never been to California, you may have problems having the court exercise personal jurisdiction over her, regardless of your residency here.
With that said, California recognizes marriages conducted in Mexico, provided that they complied with Mexican law. (Rosales v. Battle (4th Dist. 113 Cal.App.4th 1178.) You do not have to divorce in Mexico on the grounds that you were married there. If your wife is in California, you can file for divorce here.
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