Married in the Philippines? Here’s Where You Can File for Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

Married in the Philippines? Here’s Where You Can File for Divorce

When it comes to divorce, many people wonder where they should file if their spouse lives overseas. This question is especially common among couples married in the Philippines, where divorce laws differ significantly from those in the United States. Tim Blankenship from Divorce661 recently addressed this topic, providing clear guidance on where to file for divorce if one spouse resides outside the country.

Understanding Jurisdiction in Divorce Cases

One of the most important points to understand is that divorce is not necessarily filed where the marriage took place. Instead, the determining factor is usually where you currently live. This means that even if you were married in the Philippines, if you reside in California, your divorce case would be filed in California courts.

“It’s not where you were married that you get divorced; it’s where you currently live,” Tim explains. This principle applies broadly across many jurisdictions, ensuring that the courts handling your divorce have proper authority over your case.

What This Means for Couples Married Abroad

Many couples marry abroad for various reasons, but life circumstances can change, leading to separation or divorce. If one spouse lives out of the country, such as the Philippines, and the other is in California, the spouse living in California can initiate divorce proceedings there.

Here are some key takeaways for those in this situation:

  • Residency is key: You must meet the residency requirements of the state where you plan to file. For California, this typically means living in the state for at least six months and in the county for three months.
  • Where you were married doesn’t limit your options: Regardless of the location of the marriage ceremony, divorce is filed where you currently reside.
  • International considerations: If your spouse remains in the Philippines, serving divorce papers and other legal steps might require additional procedures, but the filing location remains your place of residence.

Why California Courts Handle the Divorce

California family courts have jurisdiction over residents seeking divorce, which means they have the legal authority to dissolve marriages for those living in the state. This jurisdiction is based on residency rather than marriage location. Therefore, even international marriages fall under California’s jurisdiction if one spouse lives there.

This setup helps streamline the process for residents and ensures that divorces are handled according to the local laws where the parties live, which often simplifies property division, custody, and support matters.

Additional Tips for Filing Divorce When a Spouse Lives Abroad

While the filing location is straightforward, there are practical considerations when one spouse lives overseas:

  • Serving divorce papers: You may need to follow international service of process rules to notify your spouse officially.
  • Legal representation: Consider hiring an attorney experienced in international divorce to navigate cross-border legal complexities.
  • Documentation: Gather all necessary documents, including marriage certificates and proof of residency, to support your filing.

Conclusion

For couples married in the Philippines but living in California, the path to divorce is clear: file in California where you reside. The location of the marriage does not restrict your ability to seek a divorce in your current home state.

Understanding jurisdiction is crucial to ensuring your divorce proceeds smoothly. If you find yourself in this situation, remember that your residency determines where you file, not your marriage location.

For anyone facing this complex scenario, seeking guidance from knowledgeable professionals can make the process more manageable. With the right approach, you can navigate your divorce confidently, no matter where your spouse lives.

 

What To Do When One Spouse Lives Out Of Country In California Divorce | Los Angeles Divorce

Posted by Tim Blankenship on

 

What To Do When One Spouse Lives Out Of Country In California Divorce

Divorce can be complicated under the best of circumstances, but when one spouse lives outside of the country, the process can become even more challenging. Navigating the legal requirements across international borders requires careful planning and understanding of how California’s divorce system works when one party is abroad. In this article, I’ll walk you through the essential steps and considerations to keep in mind if you find yourself facing this situation.

My name is Tim Blankenship from Divorce661, and I’ve helped many clients manage divorces involving spouses living overseas. The good news is, this scenario is more common than you might think, and there are ways to simplify the process — especially if both parties are amicable. Let’s explore what you should do when filing for divorce with one spouse living out of the country in California.

Understanding the Challenges of International Divorce Filing

When one spouse lives abroad, several logistical and legal hurdles come into play. One of the biggest issues is service of process — making sure the spouse living out of the country is properly notified about the divorce proceedings. California law requires that the respondent be served with divorce papers, and when they live overseas, this can involve international service protocols, consular involvement, or even notarization requirements.

Another challenge is how to handle the documentation, especially when it comes to signing and notarizing legal papers. Many courts require notarized signatures on certain documents, but finding an acceptable notary abroad can be difficult. Usually, only a U.S. consulate or embassy notary is accepted, and scheduling and completing these notarizations can be a real hassle.

Why It’s Best for the Out-of-Country Spouse to File

If you and your spouse are on good terms and the divorce is amicable, one of the smartest moves is to have the spouse living overseas be the filing party. Here’s why this strategy works well:

  • Eliminates the need for notarization of the filing documents: In a default with agreement divorce, the court typically requires notarized signatures from the responding party. If the out-of-country spouse is the respondent, their documents must be notarized, which usually means visiting a U.S. consulate or embassy abroad.
  • Reduces logistical complications: When the overseas spouse files first, they are the petitioner, and the other spouse becomes the respondent. The petitioner’s documents do not typically require notarization, so this arrangement avoids the complicated consulate notarization process.
  • Simplifies the court process: By having the filing spouse be the one living abroad, the court can process the divorce without waiting for time-consuming notarization or international service verification that could delay the case.

This approach can save significant time, frustration, and expense. The fewer hoops you have to jump through, the smoother the divorce process will be for everyone involved.

How to Proceed Step-by-Step

If you decide to have the spouse living overseas file for divorce, here’s a general outline of the steps to follow:

  1. Confirm Residency Requirements: California requires that at least one party has lived in the state for six months, and in the county where the filing is made for three months. The spouse living in California should meet these requirements to initiate or respond to the filing.
  2. Prepare the Divorce Petition: The out-of-country spouse, acting as the petitioner, will complete the necessary divorce paperwork. This includes the petition for dissolution of marriage and any related forms.
  3. File the Petition with the Court: The overseas spouse or their representative files the petition with the appropriate California court. This can sometimes be done by mail or through an attorney if they cannot appear in person.
  4. Serve the Respondent: The spouse living in California will be the respondent and must be served with the divorce papers. Since they are in the U.S., this step is straightforward through standard methods of service.
  5. Responding to the Petition: The respondent spouse then files a response, agreeing to the terms or contesting them if necessary.
  6. Default with Agreement Divorce: If both parties agree, the divorce can proceed as a default with agreement, simplifying the process. Since the overseas spouse is the petitioner, they are not required to get documents notarized in a foreign consulate.
  7. Finalize the Divorce: Once all paperwork is in order and any waiting periods have passed, the court will issue the final judgment of dissolution of marriage.

Important Considerations When One Spouse Lives Abroad

While the strategy of having the overseas spouse file first is effective, there are some additional points to keep in mind:

Communication and Cooperation Are Key

This approach works best when both spouses are amicable and willing to cooperate. If there is conflict or disagreement about custody, finances, or property division, the process can become more complicated and may require legal representation on both sides.

Legal Representation May Be Necessary

Spouses living abroad may want to retain a California divorce attorney to help navigate the filing process and ensure all paperwork is completed correctly. An attorney can also communicate with the court on the spouse’s behalf if they cannot appear in person.

Understanding Jurisdiction

The California court must have jurisdiction over the divorce case. This means that the spouse filing or responding must meet the state’s residency requirements. If the overseas spouse has not lived in California recently, filing may not be possible from their end. In such cases, the spouse residing in California usually initiates the divorce.

Service of Process Abroad

When serving divorce papers internationally, specific rules apply under the Hague Service Convention or other international agreements. While this is more relevant when the overseas spouse is the respondent, having them as the petitioner avoids this complexity.

Notarization Requirements

One of the most significant benefits of having the overseas spouse file first is avoiding the need for notarization at a U.S. consulate or embassy. Courts require notarized signatures from the respondent in default with agreement divorces, and arranging this abroad can be a logistical headache. By making the overseas spouse the petitioner, their paperwork is exempt from this requirement.

Common Questions About Divorce When One Spouse Lives Out of Country

Can I file for divorce in California if my spouse lives in another country?

Yes, as long as you meet California’s residency requirements, you can file for divorce even if your spouse lives abroad. The court can proceed with the case, but international service and notarization rules may apply.

What if my spouse refuses to participate in the divorce?

If the overseas spouse refuses to respond or participate, you can still proceed with a default divorce. However, you must ensure proper service of process according to international laws. The court will require proof that your spouse was served with divorce papers.

Is it possible to complete the entire divorce process remotely?

Yes, many parts of the divorce process can be completed remotely, especially if both parties agree. Filing can be done by mail or through an attorney, and hearings can sometimes occur via video conference, depending on the court.

Do I need a lawyer if my spouse lives overseas?

While not mandatory, having a lawyer is highly recommended. They can help manage the complexities of international divorce filings, ensure all legal requirements are met, and protect your interests.

Conclusion: Simplify Your California Divorce When One Spouse Lives Abroad

Divorcing when one spouse lives out of the country can be daunting, but with the right approach, it doesn’t have to be overly complicated. The key takeaway is to have the spouse living overseas be the filing party whenever possible, especially in amicable cases. This strategy avoids the need for difficult notarization at foreign consulates and streamlines the court process.

Remember to verify residency requirements, understand the service of process rules, and consider legal counsel to guide you through the process. With clear communication and the right preparation, you can navigate your California divorce smoothly, even across international borders.

If you want more detailed guidance or personalized assistance, feel free to reach out to professionals experienced in California family law and international divorce matters.

— Tim Blankenship, Divorce661