Q: Can I file for a divorce in California, even though I’m not a Californian resident (my spouse lives there).
My spouse and I got married in California in 2016, but I left the United States in the same year. We have not seen each other ever since, and agreed to have an uncontested divorce.
However, I was told by a paralegal in California that the petitioner of the divorce must be a resident of the state for 6 months, so I am not legally allowed to file for it on my own, according to the paralegal.
My spouse has been delaying our divorce, so I’d like to do it on my own.
Is it true that I’m not able to file for a divorce in California from outside of the country?
*we do not have any children or asset together.
A: The paralegal was incorrect. As long as one of the parties meets the residency requirements, you can file in California. You file in the county where he likewise meets the residency requirements. Hire local counsel to handle the case for you.
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