Legal Question in Family Law in California
Sir and Mme,
I am a married woman. My Husband is an American citizen. May I ask you if I can get a divorce when I am not an American citizen yet, my Husband used to flew back to Vietnam every couple months. The last time was 4months.
Thank you
3 Answers from Attorneys
You are entitled to a divorce regardless of your USA citizenship if you have established residency in California. Before filing for divorce,you must be a resident of California for at least 6 months and reside in the county where you file for at least 3 months.
Ms. Kock is not entirely correct. You do not have to establish residency if your spouse had established residency. She is correct that citizenship has NOTHING to do with when or where you can get a divorce in the U.S. Even illegal aliens can get a divorce in the U.S. if they have lived in the state and county they want to file in for the required time.
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