Asked in Divorce for California

Q: I was married in costa rica in 2010 but i am gettin remarried next year do i have to do divorce papers here or in CR?

I was married in costa rica in 2010, he was costa rican. But i moved back to the states and he wanted a divorce. He hasnt done the paper work yet but i heard that it would have to be filed there since thats where we were married. And i heard that i wouldnt have to do anything here because it wasnt ever legalized here. I am trying to get remarried next year,what should i do?

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: Foreign marriages are recognized in California, assuming there was nothing wrong with the union (e.g. bride was forced, underage, etc) Thus, I would guess that under CA law, you are married which means you can't get remarried since it would be bigamous.

If you have lived in CA for at least 6 months and your county for at least 3, you can file for divorce in CA. You'd have to serve your Costa Rican husband somehow. It is possible you could do this through publication in Costa Rica.

Andy

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