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Can I divorce my wife if we live in two different countries?

Los Angeles, CA |
Filed under: Divorce

Can I divorce my wife if we live in two different countries? We got married in Guatemala. I live in Los Angeles and she lives in Guatemala. Can I file a divorce here in California? I am a U.S. Citizen.

Attorney Answers 1


You can filed for Dissolution of Marriage in California if you have been a resident of this state for six months and of the county in which the proceeding is filed for three months. If the court does not have personal jurisdiction over your spouse, it can grant the divorce as to status only and cannot make decisions regarding division of property and support.

I have been answering many questions on AVVO and giving my opinion of what will occur if a matter went before a judicial officer based upon the facts as I understand them. However, I want to point out that such an opinion is based upon many factors, not the least of which is that the party have an experienced family law attorney representing them on the matter. If facts and issues of law are not properly placed before the court, the results could be very different than otherwise expected.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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