Legal Question in Family Law in California

can a permanent resident holder file for divorce to spouse who resides outside of US?


Asked on 2/09/17, 9:12 pm

1 Answer from Attorneys

Anyone who has resided in California for the last six months or more, and the county in which the case would be filed for the last four months or more, can file for a divorce in CA. However, that only gives CA courts jurisdiction over the marriage itself. Unless the spouse who is not in CA voluntarily consents to CA jurisdiction, either by signing and filing a waiver and appearance form, or by personally coming to CA and being served with the divorce summons and petition, the CA courts have no jurisdiction over property distribution, assignment of debts, child custody, or child or spousal support. The CA courts can dissolve the marriage, but that would be all, leaving all the other issues in a divorce unresolved.

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Answered on 2/09/17, 9:40 pm


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