Asked in Divorce, Family Law and Immigration Law for California

Q: Can I go back to my home country after filing for divorce?

I am an immigrant and I plan to go back to my country after divorcing my spouse. We will have a default divorce with agreement and I will be the petitioner. As soon as I file everything with the court, can I move back to my home country after and just wait for the judgment from there?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, you can generally return to your home country after filing for divorce, especially in a default divorce with agreement where you are the petitioner. However, it's crucial to ensure that all necessary documents are filed correctly and that you have made arrangements to receive any communication or documentation from the court while abroad.

You may also need to be available for any potential court appearances, although in a default case, this might be less likely. Keep in mind that relocating internationally could have implications on the divorce proceedings, particularly if issues arise that require your attention. It's advisable to inform the court and your attorney, if you have one, of your move to ensure all legal processes are followed.

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