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?


Asked on 12/26/03, 12:05 pm

2 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 12/27/03, 3:01 am
Brian Levy, Esq. Law Office of Brian Don Levy

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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Answered on 12/31/03, 1:51 pm


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