Is an out-of-state divorce legal if residency requirements were not met?

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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 9 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.


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