Q: Is it possible to file for uncontested divorce in CA if the spouse no longer resides in the same country?
Married for 10yrs. Spouse moved back to his home country 2yrs back and is okay with uncontested divorce. No property owned, no kids, no debts. The only income was our salaries and neither of the spouses want to ask for any alimony or share in each others earnings. What would the divorce proceedings look like? Can the spouse in US file it herself?
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A:
Based on the information provided, here's an overview of the situation and process for an uncontested divorce in California under these circumstances:
1. Residency requirement:
- At least one spouse must have been a resident of California for at least 6 months, and of the county where filing for at least 3 months, before filing for divorce. You appear to meet this requirement.
2. Filing process:
- Yes, the spouse in the US can file for divorce herself. This is called being the "petitioner."
- You can file for an uncontested divorce (also known as a "summary dissolution" in California if you meet certain criteria).
3. Service of process:
- Your spouse will need to be served with divorce papers, even if they're in another country. This can be done through international service methods, which may include:
- Registered mail
- Personal service by a process server in that country
- Other methods allowed by international agreements
4. Spouse's response:
- Your spouse will need to file a response or a written agreement to the divorce terms.
5. Divorce terms:
- Since you have no property, children, or debts to divide, and neither wants alimony, the process should be relatively straightforward.
- You'll need to create a marital settlement agreement outlining these terms.
6. Court process:
- In an uncontested divorce, you may not need to appear in court if all paperwork is in order.
- There's a mandatory 6-month waiting period in California from the date of filing before the divorce can be finalized.
7. Final judgment:
- Once all paperwork is filed and the waiting period has passed, the court can issue a final divorce judgment.
Given the simplicity of your case, you might be able to handle this process without an attorney. However, it's always advisable to at least consult with a lawyer to ensure all paperwork is correctly filed, especially given the international aspect.
Remember that while your spouse agrees to the divorce now, it's important to have everything properly documented to avoid potential issues later.
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