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

When it comes to divorce, many people wonder where they should file, especially if their marriage took place abroad. A common question I receive is: “If one spouse lives in the Philippines and the other lives in the United States, where do you get divorced?” This is an important topic, and I want to clarify it clearly and simply for anyone facing this situation.

Understanding Jurisdiction in Divorce Cases

One of the biggest misconceptions about divorce is that you file where you were married. However, that is not the case. The location of your marriage does not determine where your divorce will be processed. Instead, divorce jurisdiction is based on where you currently live.

For example, if you got married in the Philippines but now live in California, your divorce will be filed in California. The law focuses on your current residence rather than the place of your wedding or the location of your spouse.

Why Does Residency Matter?

Residency establishes the court’s authority to handle your case. Courts want to ensure they have a legitimate connection to the parties involved before proceeding with divorce proceedings. This helps protect both spouses’ rights and ensures that the divorce is handled under the appropriate legal framework.

What If One Spouse Lives Outside the Country?

It’s common for spouses to live in different countries, especially in international marriages. If one spouse lives in the Philippines and the other in California, the spouse residing in California can still file for divorce in California courts. The court will generally notify the spouse living abroad as part of the legal process.

This means you don’t have to wait for both spouses to be in the same place to start your divorce. The court in your current state will handle the case, regardless of where your spouse lives.

Key Takeaways

• Where you got married does not determine where you file for divorce.
• Your current place of residence is the deciding factor for filing.
• If you live in California, you file your divorce in California, even if your spouse lives in the Philippines.
• The court will handle notifying a spouse living abroad.

Final Thoughts

Divorce can be a complicated and emotional process, especially when international elements are involved. But understanding where to file is one of the first and most crucial steps. If you are living in California and married abroad, remember that California is where you will seek your divorce.

Hopefully, this clears up any confusion and helps you move forward with confidence. If you have more questions about divorce jurisdiction or the process in California, don’t hesitate to seek professional advice tailored to your situation.