If you are a current resident of California but were married in another country and considering divorce, you may wonder if you can get divorced in California.
The simple, lawyerly answer is, “Yes . . . most likely.” California recognizes valid marriages performed in other countries and you can dissolve your valid marriage in California, provided you meet California residency requirements and follow California court procedures.
- Residency Requirements
Of paramount importance to filing for divorce in California is meeting California residency requirements. While it does not matter where you were married, you must meet the residency requirements for California courts to have jurisdiction over your divorce.
To file for divorce in California, you must meet the following residency requirements:
- Residency in California for at least six months: You or your spouse must have lived in California for at least six months prior to filing your Petition for Dissolution with the court.
- County residency for at least three months: You must have resided in the county in which you file your Petition for Dissolution for at least three months prior to filing.
- Recognition of Foreign Marriages
If your marriage is valid under the laws of the country in which you married, California recognizes your union as valid; thus, even if the laws governing marriage in the country where you were married differ from those in California, California will not invalidate the union.
- No-Fault Divorce in California
California is a no-fault divorce state. It is the policy of the law of the state of California not to assign blame to either party for the breakdown of a marriage. Instead, the parties simply state “irreconcilable differences” are the reason for the divorce. California courts will apply California law even if the country where you were married requires specific grounds for divorce.
- Challenges and Considerations
It is important to keep in mind the following challenges unique to ending a foreign marriage in California:
- Language: Marriage certificates and/or other documents written in a foreign language may need to be translated by a certified translator.
- Conflicts of law: While only applies California law in your dissolution matter, foreign laws could impact issues relating to your divorce, such as property division in another country.
- International service/cooperation: If your spouse lives outside the United States, you could face complications serving divorce papers and/or enforcing court orders.
Again, if you meet California’s residency requirements and follow California court procedure, you can get a divorce in California, even if you were married in another country. Given the complexities of international divorce, however, the wisest course is to consult with an experienced family law attorney to protect your interests.
If you have questions or need assistance, please contact one of our experienced attorneys at Genesis Family Law, APC. It would be our pleasure to handle your international divorce matter.