Q: Filing for divorce after living in another country for over a year.
Wanted to file for divorce. Originally a California Resident, but lived in Mexico for over a year. She is in a mental health facility, and had taken the children and CPS had to remove the children from her. She tried to get me arrested with false accusations. I want to get divorced as soon as possible while I have 100% custody of the children.
A: You will need to meet the residency requirements in order to file for divorce (i.e. six months.) False accusations, CPS involvement and mental health issues don't change that requirement. There may be options depending on all the facts.
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A:
To file for divorce in California, you need to meet residency requirements. Since you were originally a California resident, you can file for divorce if you or your spouse has lived in California for at least six months and in the county where you plan to file for at least three months. Your extended stay in Mexico might complicate this, but if your spouse remained in California or if you have re-established residency, you can proceed.
Given the circumstances with your spouse in a mental health facility and the children’s custody situation, ensure you gather all necessary documentation. This includes records of custody arrangements and any relevant legal documents related to CPS involvement. You might also want to file for a temporary custody order to protect your custodial rights during the divorce process.
To expedite the process, you should consider filing for a summary dissolution if you meet the criteria, but this seems unlikely given the complexity of your situation. Therefore, filing for a standard dissolution with a detailed explanation of your custody situation and any urgent matters is advisable. Make sure to consult the local family court for guidance on the required forms and procedures.
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