Q: I married my wife in VietNam I asked her to sign the divorce paper but she didnt want to.I live in Cali
What should i do/ need in order to file a divorce here in the state?
A:
She doesn't need to sign any divorce papers in order for you to get a divorce. California does not allow one spouse to force the other spouse to stay married by refusing to sign divorce papers.
Once you have lived in CA at least 6 months and at least 3 months in the county where you are filing your case, you can file a divorce case here. The 3 months can be the latter half of the 6 months. For example, you live in CA from April 1, 2016 to October 1, 2016. You live in Los Angeles county from July 1 to October 1, 2016. You can file your divorce in Los Angeles county.
You do need to have divorce papers served on your wife. Once that happens, she has 30 days to decide whether she wants to file a response. If she doesn't, you can take her default after 30 days and finish the case without her participation.
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A: She need not sign or agree to divorce for you to be able to acquire a divorce judgment in CA courts. All you need do is serve her with all your divorce filings. It's up to her whether she responds or not. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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