Fullerton, CA asked in Divorce for California

Q: Can I file for divorce if I live in a different state? Can you still divorce someone even if the other person refuses.

I’m currently residing in California and my wife is in Maryland. We’ve been married for 33 years. We have no children. We have been separated for about 6 months.

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1 Lawyer Answer
Rebecka  Monez
Rebecka Monez
  • Modesto, CA
  • Licensed in California

A: California is a no-fault/community property state. This means that even if the other party does not want a divorce, you can still get one. As for your wife living in Maryland and you living in California, you can file in California so long as you meet the residency and jurisdiction requirements. You must be a residence of California for a minimum of 6 months before your filing, and you must live in the County of which you filed in for at least 3 months. So long as you meet those two requirements, you can file here. Remember, you will still have to serve your wife with a Summons and Petition for Dissolution [in Maryland] in order for the California court to assert jurisdiction over her. Best of luck to you.

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