California divorce when one partner is out of the country.

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California divorce when one partner is out of the country.

I want a divorce from my husband who is a California resident. We have been physically separated 5 months and I now live in Europe. He will not go to the courts in CA and file the papers. Is there any way I can file for California divorce from here?

Asked on May 11, 2009 under Family Law, California

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The first issue is whether CA is the correct jurisdiction. I assume that is where you lived prior to the separation. If so than CA is the appropriate venue. If your husband will not file the papers I assume you have or will be hiring an attorney from CA to handle your divorce.

First you should speak to them about the complications with seeking a divorce while so far away. You will be required to appear depending on the situation and the level of hostility you may have to make many court appearances. Some your attorney may be able to make on his own but you will have to come to CA on occasion.

As for filing the paperwork speak to your attorney. I am not licensed in CA but would imagine the attorney can file the paper work for you.


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