Asked by: regino-ga
List Price: $10.00
14 Nov 2006 11:11 PST
Expires: 14 Dec 2006 11:11 PST
Question ID: 782695
Hello I am just wondering, if you marry in Texas and get divorced in California, which law would govern especially if you have a prenup?
Answered By: nenna-ga on 16 Nov 2006 11:17 PST
Hello regino-ga, I know a paralegal in TX and asked her your question. She provided me with this website to help answer your question. ?A judgment of dissolution of marriage may not be entered unless one of the parties to the marriage has been a resident of this state (CA) for six months and of the county in which the proceeding is filed for three months next preceding the filing of the petition.? If you are a resident of CA, you file in CA. "The most common mistake people make is believing they must divorce in the state in which they were married. This is simply not true. Most divorce cases throughout the United States are filed in the county in which the filing spouse resides." http://www.divorcesource.com/info/divorcelawsreq/california.shtml So, in short, you file for divorce in the state you have residency in. If you just moved and do not have residency, you can wait out the residency period of the state you are in and then file if you so choose. If this answer requires further explanation, please request clarification before rating it, and I'll be happy to look into this further. There were no Google/Internet Searches used in this question. Nenna-GA Google Answers Researcher
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From: irlandes-ga on 14 Nov 2006 19:46 PST
You can be sure California has its own divorce laws, and any divorce granted in California will comply with California laws. I suppose you could try to get a California judge to follow Texas laws, good luck. (Sarcasm intended.) Likewise, if there was a Texas prenup, there is at least a good chance it will be handled in a California court by California laws. As far as residency, most states have a very clear residency requirement to petition for divorce, and a properly written petition for divorce will clearly state the details to support residency of the petitioner. That is why Las Vegas was for years such a hot divorce city, because their requirements for residency were sort of a joke. If only one person lives in the state where the divorce is filed, there can be all sorts of problems with the other person's being brought under the jurisdiction of that state - if the other person wishes to resist. The complexities of such issues is the reason it's such a bad idea to try to get what is really legal advice, on an Internet page. I some years ago read precedents involving successful resistance of jurisdiction, but these laws and relevant court rulings are constantly changing. See an attorney right away before you mess up really bad.
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