Is an out-of-state divorce legal if residency requirements were not met?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is an out-of-state divorce legal if residency requirements were not met?
Couple married in CA where they both lived for years. They went to NV and got a divorce. They then returned in a few days to CA. Neither of them established the minimum 6 week NV residency requirement. Neither of them filed the divorce papers afterward in CA. Is this divorce recognized as legal?
Asked on September 6, 2011 under Family Law, California
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
It could be nullified if one really tried to show that it didn't meet the legal residency requirements but the court should have established that first in order to ensure it had both personal and subject matter jurisdiction over the couple. If the court did not check the residency requirement or ordered or determined that sufficient residency existed (say 5 weeks 5 days for example), then it could be conceivable the court order the divorce legally. If the couple has a divorce decree and has legally filed all documentation sufficient to show a divorce has occurred, then not much can be done. To verify legality in case you have any concerns of future matters like future marriage, contact an attorney in the state in which you obtained the divorce and see if everything is in order.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.