Legal Question in Family Law in California

My wife and I are having marriage problems. We got married in California and have been living in China. She is a chinese citizen and holds a green card. I am an american citizen. We plan on moving to China to work and stay for long term. If our marriage still does not work out, can we get divorced in china. I heard people tell me if you got married in California, then you have to divorce in California. Can we divorce in China, since she is a chiense citizen.


Asked on 6/06/11, 6:08 pm

3 Answers from Attorneys

BARRY BESSER LAW OFFICES OF BARRY I. BESSER

A divorce does not have to be where you got married, however, I don't know what the requirements for Divorce are in China. For example, to get a divorce in California, regardless of where the marriage took place, you have to be a resident of California for at least 6 months prior to filing your divorce Petition. Also, you would have to be a resident of the particular County that you file in, for at least 3 months prior to the filing. As I said above, you would have to see what the requirements are in China.

BARRY BESSER

www.besserlaw.com

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Answered on 6/06/11, 10:55 pm
Arlene Kock Law Offices of Arlene D. Kock APLC

This is a question concerning proper jurisdiction on where to file your divorce action. If you are not living in California, then you do not have standing to file a divorce in California. You need to consult with and attorney in China to understand your legal rights and the relevant divorce law since China is the country where you live.

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Answered on 6/06/11, 10:58 pm

The previous answers are correct. There is no requirement that you get divorced in California just because you got married here. Each state and country have their own rules about when they will exercise jurisdiction over your case if you want a divorce, but I know of no country (with the exception of some that do not grant divorces) and certainly no state that will not grant a divorce to residents of the jurisdiction, once residency jurisdiction is established under local law, regardless of where the marriage took place.

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Answered on 6/07/11, 10:05 am


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