How doI get a divorce if I live out of the country and have not seen my wife in over 2 years?

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How doI get a divorce if I live out of the country and have not seen my wife in over 2 years?

I live in the UK and married a woman in San Diego in 02/09. I have been in a relationship with a woman in the UK since 12/09 and no longer wish to be married to my wife. We haven’t seen each other since we married and the marriage was a mistake in the first place. I need to know the cheapest way to go about dissolving the marriage. There are no properties or children involved.

Asked on March 11, 2011 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have been separated and California is a community property state, you need to show when you separated (living separate and apart with no possibility of reconciliation). Otherwise she could conceivably have the ability to capture half of what you own. Now, as to divorce in California, one of you has to have currently lived in the State for 6 months and in the particular county in which you file for 3 months. So if your spouse is no longer living in San Diego County, but still in California, you need to locate her and find out where and serve her with the divorce paperwork. Another way to fast track is to file a joint petition for dissolution of marriage. If you petition, show she was properly served and she defaults by not responding or not showing up in court, then basically you get your judgment.


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