Q: Do I still have to do the 6-month waiting period for an international divorce (petition filed in CA, spouse outside US)?
Spouse is living in a country that is not part of Hague Service Convention or any treaty. Does the 6-month waiting period (CA divorce requirement) only start when summons are sent? My research has been saying proof of service will take a long time if spouse is living overseas (not including the 6 month).
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A:
In California, the six-month waiting period for a divorce begins on the date the respondent is served with the divorce papers or the date of their appearance in the case, whichever comes first. If your spouse lives in a country that is not part of the Hague Service Convention, serving them can be complicated and may take a significant amount of time.
You'll need to ensure that service is done in a manner recognized by both the foreign country and California law. This process may involve alternative methods of service, such as publication, if direct service is not possible. Once you have proof of service, the six-month waiting period will officially start.
During this time, it's important to keep track of all communications and document your efforts to serve your spouse. Given the complexities involved with international service, seeking legal guidance can be beneficial to navigate these procedures effectively. Remember, the waiting period cannot start until service is properly completed and documented.
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