It is not uncommon for a spouse who is presently living in California to want to seek a divorce from a spouse living in another state. The fact that you and your spouse live in separate states may well be part of the cause for your divorce (e.g. your spouse abandoned the marriage to go to a different state, or you wished to move to California without the spouse) or part of the effect of the separation (e.g. your spouse moved away after the marriage fell apart, or perhaps you came to California).
Either way, now you are in separate states, and you are seeking to obtain the divorce. It is possible for you to obtain a divorce from your spouse in California, even if the other spouse does not live here and may have never lived here, but there are several important matters on this issue to keep in mind and discuss with your attorney.
You Must Be in California For at Least Six Months
California will provide a divorce from your spouse effective in all 50 states – regardless of the state you were married in or where you lived during the marriage – but California courts do require that you have lived in the state for at least six months prior to filing for the divorce.
That said, there are a number of issues you will want to discuss with your family law attorney prior to filing your petition for divorce, and steps you can take to protect your financial and family interests prior to filing, so you should not hesitate to speak to a California family law attorney as soon as possible, even if you have just moved to California.
California’s Jurisdiction Over an Out-of-State Spouse
Again, California can grant you a divorce even if your spouse has never set foot in the state. What this means is that you will no longer be considered legally married anywhere in the U.S.
But matters can get a bit more complicated when it comes to issues of California’s jurisdiction over the out-of-state spouse in regard to financial matters such as ordering your spouse to pay spousal support, child support, or surrendering marital property that is granted to you in the divorce. Furthermore, child custody and visitation matters can get complicated, especially if the child is with the other spouse.
In such cases, your attorney may need to obtain orders from the California family court judge overseeing your case on these matters, and then take action to enforce these orders in the courts of the state in which the spouse resides, especially if your spouse refuses to come to California to resolve the divorce proceedings.
Your family law attorney can provide guidance on how best to navigate these issues.
Questions to Consider Regarding Filing in California
It is also important to talk to a family law attorney before filing for a divorce regarding the question of how California family law might affect your interests in the divorce compared to the law of another state in which you might be eligible to obtain a divorce. State laws can vary greatly in how they address important divorce matters, and California may or may not be the best place to seek your divorce. For example, California state law provides for ongoing spousal support payments in many situations to maintain the living standard in the marriage, whereas some other states will only order spousal support where there is a demonstrated “need.”
Again, speak with a California family law attorney to determine your best options and strategies in pursuing your divorce.
For any questions on family law in California, contact the Law Office of Kelley C. Finan today to schedule a consultation to discuss your circumstances.