Legal Question in Family Law in California
i have to prove the validity of my divorce from guam in the state of california. I have done some research and found that the law at the time of the order says that "Only the parties (i.e., the husband or wife), and no other person nor the court can raise the issue of nor object to the jurisdiction of the superior court of Guam in an action fro divorce or dissolution of marriage, residence or the parties.... where the defendant has consented to the divorce" furthermore it says that "Allegations and proff of residence or other compliance... need not be plead or proved in any divorce or dissolution of marriage granted up the consent of the Defendant" So, that means that I dont have to prove that i was a resident and that the state cant even ask that question. full faith and credit clause and my ex-wifes consent to jurisdiction should take care of any jurisdiction issues right? my question the is, is my divorce still legal even though that law changed now? ex post facto law?
1 Answer from Attorneys
You need to repost in Guam's category, and not California. California will recognize a divorce judgment, if it was valid in Guam. You also need to provide more information, such as whether she appeared in Guam, or you simply took her default. If Guam never had jurisdiction over her, a California court may not recognize your default judgment.
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