Q: Question for a California family law lawyer, Foreign Marriage and Divorce
My wife and I are permanent residents of the US, and we have been living in California for about 9 years. We got married in our home country, and we are planning to get divorced in the same place.
1. Will our divorce be recognized in California?
2. Do we have to register our divorce here in the US?
3. Is it necessary to live separately for 6 months before we can proceed with our divorce? In our home country, there is no such law.
4. We will have a signed legal divorce agreement in our country before we file for divorce in our home country. Should we also sign a separation agreement here in California before the divorce, or will the divorce agreement we are going to prepare and sign in our home country be sufficient and valid under US jurisdiction?
We don't have any shared property or children.
A:
I understand your inquiries regarding California family law and its treatment of foreign divorces.
1. California typically recognizes divorces from foreign countries as long as the divorce was legally finalized in that country.
2. While California recognizes the divorce, there is no formal registration process for foreign divorces. You might want to retain your foreign divorce decree and any accompanying documents, in case you need them for legal or bureaucratic purposes.
3. In California, the requirement to live separately for 6 months pertains to the waiting period after filing for divorce within the state. If you're divorcing in your home country, California's internal procedural requirements won't apply.
4. A signed legal divorce agreement from your home country can be sufficient, especially if it addresses all relevant issues. While you can create a separation agreement in California for clarity, it's not mandatory if the foreign agreement is comprehensive.
Remember, while this information provides general guidance, consulting with a local attorney for specifics related to your situation would be prudent.
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