Legal Question in Family Law in California

Separation and Divorce

I have been separated for over six years. My husband and I where married in San Diego, however since the separation he went back to live in London. Can I get an automatic divorce after we have been separated for a certain amount of years? With this in mind will it be possible for me to get remarried without ever filling for divorce proceedings in court?


Asked on 3/06/03, 8:01 pm

3 Answers from Attorneys
Naveen Madala

Re: Separation and Divorce

You will not be able to remarry until you file for divorce in California. You would have to serve the divorce documents on him in England as well.

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Answered on 3/06/03, 8:46 pm
Matthew Kremer Law Offices of Matthew M. Kremer

Re: Separation and Divorce

As pointed out, there is no such thing as an "automatic divorce". You need to file for a divorce in the county you now live in and serve him. If you don't know where he is, you could ask for service by publication. If you are still in San Diego, we can possibly assist.

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Answered on 3/06/03, 8:52 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Separation and Divorce

you would not be able to get what you deemed as "an automatic divorce" without filing for dissolution in california, where you two were married, and having a court decree issued stating you are in fact divorced, especially before you even considered remarrying. however, if you would like further assistance in filing for your divorce, even with your husband in london, email me more of the specifics of your case and i would happy to help.

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Answered on 3/06/03, 8:08 pm


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