I live on one state but got married to my spouse in another, do I/we still have to go to where we were married to file for divorce?

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I live on one state but got married to my spouse in another, do I/we still have to go to where we were married to file for divorce?

We don’t have any shared assets/kids. I’m hoping there are still other ways or alternatives when filing in that way we don’t have to go back.

Asked on August 5, 2012 under Family Law, California

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

The state where you were married has no jurisdiction over the divorce.  The state where you live has jurisdiction.  In CA, you need to have lived here continually for 6 months for the state to have jurisdiction (the authority) over your divorce. If you had to go back to where you got married, no one would ever do a destination wedding!

Best of luck.


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