Legal Question in Family Law in California

I am wondering how to go about an annulment/divorce. I am a U.S citizen residing in California and my husband is a Czech national. We were married in May 2013 in the Czech Republic and were living together there until I left in December 2013 due to mistreatment, physical and psychological abuse. I returned to California where I am a resident of and have lived here since then (a little over 3 months). We have not started any processes for him to obtain a green card in the United States, we do not have children and do not have any assets to dispute over. How can I serve him the divorce papers and move forward with this?


Asked on 3/16/14, 9:03 am

3 Answers from Attorneys

Arlene Kock Law Offices of Arlene D. Kock APLC

You are required to be a resident of the state of California for six months and living in the county where you file file for three months to commence a divorce. Service of the papers can be done numerous ways including your ex signing for them.

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Answered on 3/16/14, 10:07 am
Kelvin Green The Law Office of Kelvin Green

You will have to wait three mor months to file. In the mean time consult an attorney, get all the information ready, so that when you hit your time you can proceed.

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Answered on 3/16/14, 10:53 am

Both previous answers are correct that you must be a resident for 6 months before you can even file. To answer your specific question, Ms. Kock is right that if your husband will accept the papers by mail and sign an Acknowledgement of Receipt declaration, service of papers can be accomplished that way. If he will not cooperate, however, then you must proceed under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, which provides for service through diplomatic channels via the U.S. consulates abroad. I know a good firm in San Francisco that specializes in international divorce. Let me know if you would like a referral.

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Answered on 3/17/14, 9:41 am


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