Legal Question in Family Law in Italy
Married in Italy
My boyfriend was married in Italy and is now legally separated, awaiting divorce. His wife told him they must apply for divorce in Italy and not in Calif. for it to be legal. They are both US citizens, born here. She is currently there to work and will apply for divorce.
Is she telling the truth about legalities or just stalling for time?
2 Answers from Attorneys
Re: Married in Italy
He can obtain a legal divorce in California if he meets the residency requirements, 6 months in the state and 90 days in a county prior to filing the petition to disolve the marriage.
Because Italy is strongly influenced by the Catholic Church it is possible that the divorce would not be recognized there. However, that is not likely to be the case as most nations recognize the legal actions of other nations.
Reply: Married in Italy
If your boyfriend meets the California jurisdictional requirement (resides in the state for 6 months and the county for 3 months) he can file for divorce in California.
I suggest that your boyfriend consult with an experienced family law lawyer. Experience is not expensive, it's priceless!
You will both find some valuable information on various family law issues at my web site.
Good luck to you!
Brian Levy, Esq.
www.calattorney.com
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