Asked in Divorce and Family Law for California

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.

Related Topics:
1 Lawyer Answer
Tobie B. Waxman
Tobie B. Waxman
  • Culver City, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.