Filing for Divorce After an International Marriage in California

Ending a marriage is always a significant life event, but when your marriage took place abroad, the process can feel even more daunting. If you find yourself in California and are unsure about the steps to take for a divorce after being married in another country, you’re in the right place. Let’s break down the essential steps you need to follow to file for divorce in California, even if your marriage occurred overseas.

Understanding California’s Residency Requirements

The first thing to know is that California has specific residency requirements for filing for divorce. Regardless of where you were married, you can file for divorce in California as long as you meet these criteria:

• You or your spouse must have lived in California for at least six months.
• You or your spouse must have resided in the county where you plan to file for at least three months.

Once these residency requirements are satisfied, you can proceed with the divorce filing process. This means that even if you tied the knot in a different country, you are not at a disadvantage when it comes to filing for divorce in California.

Filing the Divorce Petition

To initiate your divorce, you will need to file the necessary paperwork, which typically includes a petition and summons. Here’s what you need to do:

• Gather Your Documents: You’ll need to prepare the divorce petition form, which can be obtained from your local family court. Ensure you have all relevant information about your marriage and any children involved.
• Marriage Certificate: If available, provide a copy of your foreign marriage certificate. The good news is that it does not need to be translated into English or officially certified for the purpose of filing.
• File the Petition: Submit the completed petition and summons to the court. Be prepared to pay the filing fee, which typically ranges from $435 to $450. If the fee is a burden, you can request a fee waiver.

Real-World Example of Filing from Abroad

Let’s take a look at a real case to illustrate how this works. We recently assisted a client who was married in the Philippines. They were unsure how to proceed but once we confirmed they met California’s residency rules, we filed their case without any issues, even without a translated marriage certificate. This shows that you can navigate the process smoothly with the right guidance.

What to Expect After Filing

Once you’ve filed your petition, the next steps depend on whether your spouse responds to the filing.

If Your Spouse Responds:

• Negotiation: You may need to negotiate agreements regarding property division, spousal support, and child custody arrangements if applicable.
• Mediation or Court Hearings: If there are disputes, you may need to attend mediation or court hearings to resolve these matters before finalizing the divorce.

If Your Spouse Doesn’t Respond:

• Default Judgment: If your spouse fails to respond within the required timeframe, you can request a default judgment, allowing the court to proceed without their input.

Handling International Documents

One common concern for those married abroad is dealing with international documents. However, it’s essential to understand that California courts generally recognize marriages that were legally performed in another jurisdiction. Here’s what you need to keep in mind:

• As long as your marriage is legally recognized where it occurred, California will honor that.
• Even if your marriage certificate is in a foreign language, it doesn’t need to be translated for filing purposes.

Why Choose Divorce661?

At Divorce661, we specialize in handling cases involving foreign marriages. Here’s why you should consider working with us:

• Expertise: We have extensive experience in navigating the complexities of international divorce cases.
• No Translation Needed: We simplify the process by not requiring translations of foreign marriage documents, as long as residency requirements are met.
• Flat-Fee Service: Our flat-fee service ensures there’s no confusion about costs, and we provide a fast turnaround on your divorce filing.

Additional Considerations

When dealing with an international marriage and divorce, there are a few extra considerations to keep in mind:

Jurisdiction Challenges

One of the complexities of international divorce is jurisdiction. While California courts have jurisdiction over divorces filed by residents, personal jurisdiction over a spouse living abroad can be challenging. This is particularly relevant when dividing assets or establishing custody arrangements.

Property Division

California is a community property state, meaning that assets and debts acquired during the marriage are generally split equally. This principle applies to quasi-community property as well, including assets acquired abroad that would be considered community property if earned in California.

Child Custody Issues

If children are involved, international custody issues may arise, especially if your spouse wishes to relocate with them. The Hague Convention on International Child Abduction may provide some relief, but it depends on the specifics of your case.

Recognition of Your Divorce

While many countries recognize U.S. divorces, not all do. If your spouse’s country does not recognize the divorce, you may need to take additional steps to ensure the legal dissolution of your marriage is acknowledged there. Consulting with professionals familiar with both U.S. and international family law is often advisable.

Ready to Start the Process?

Filing for divorce after an international marriage can feel overwhelming, but you don’t have to navigate it alone. At Divorce661, we are here to guide you through every step of the process, ensuring that your case is filed quickly and correctly.

If you’re ready to take the next step or have questions about your unique situation, contact us today for a free consultation. We’ll provide personalized guidance tailored to your needs, making the divorce process as smooth as possible.