I married in Australia but I live in California. Can I file for divorce here or do I have to file in Australia?

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I married in Australia but I live in California. Can I file for divorce here or do I have to file in Australia?

Married in Australia to an Australian citizen, and it did not work out. I returned to California 14 months ago and am trying to find out if I have to divorce in Australia or can I file here in California?

Asked on March 22, 2009 under Family Law, California

Answers:

S.B.A., Member, California and Texas Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can divorce here in California.

However, you have to serve him, with the divorce petition, in Australia. He may consent to sign a waiver of service (he accepts service), which will make it easier.

The divorce will probably proceed by default (he will not appear), or he may hire a CA attorney to represent him.

You will have to appear with your attorney and simply testify to a few facts (you have lived in CA for the past six months, and in the County in which you filed for the past three months, etc). If there is real estate or a business in Australia which you are asking the California court to distribute, there may be special problems.


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