We live in a country where residents can freely move from state to state without restriction (subject to issues such as criminal probation laws), and so it is often the case that people who get married in one state may find themselves in different states (and maybe not even the same state as one another) at the time that at least one of the spouses would like to pursue a divorce. You may have heard of stories from decades past in which one spouse traveled to another state to get a so-called “quickie divorce” but most states now have some kind of residency requirement before their courts will issue a divorce.
California’s Divorce Residency Requirements
The California family law courts will only allow a resident to file a suit seeking a divorce when that resident has been residing inside of California for at least six months and has been residing in the county in which that spouse is filing for a divorce for at least three months.
The California courts can issue you a valid divorce even if the other spouse no longer lives in California and even if the other spouse has never lived in California, and other states will be obliged to recognize your divorce. It also does not matter what state you were married in; you are never required to obtain a divorce in the same state in which you were married. Furthermore, if you file an action for a divorce after residing in California for six months, and then move to another state, the California courts will still have jurisdiction and can issue the divorce after you have moved.
The Question of Personal Jurisdiction Over the Other Spouse
That said, if your spouse has never resided in California or otherwise has limited connections to the state, there may be a question of whether the court has personal jurisdiction over that spouse. If the court does not have personal jurisdiction over the other spouse, it can still issue a divorce and make rulings based on marital property located in California, but it may be limited in its ability to issue and enforce orders against that spouse such as spousal support orders. An experienced California family law attorney can provide you with further guidance regarding your specific circumstances.
California Family Law Attorney In Torrance
For any questions on any aspect of divorce law in California, contact the Law Office of Kelley Finan today to schedule a consultation to discuss your circumstances with an experienced, compassionate California family law attorney.