Legal Question in Family Law in California
my sister has a F1 student visa and her husband has a H1. They are both residing in California since 2 years and now want to file for divorce. Can they file for divorce in california even though they were married in India and are still Indian citizens?
2 Answers from Attorneys
Yes, as long as they have been legal residents of California for six months or more, California will exercise jurisdiction over a dissolution of their marriage.
Mr. McCormick is correct, but I would add that there may be important issues that are not covered by California law. For example, if there is property in India or there is an agreement between the spouses or between one spouse and someone else, in India, then Indian law may apply.
Indeed, the dissolution can take place in California, if they have been legal residents for six months or more, but the California court may use Indian law, when applicable. Accordingly, if there is a possibility that Indian law will apply, the couple will want to hire attorneys who are familiar with Indian law.