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Q: Divorce ( Answered 5 out of 5 stars,   1 Comment )
Subject: Divorce
Category: Miscellaneous
Asked by: regino-ga
List Price: $10.00
Posted: 14 Nov 2006 11:11 PST
Expires: 14 Dec 2006 11:11 PST
Question ID: 782695
I am just wondering, if you marry in Texas and get divorced in
California, which law would govern especially if you have a prenup?

Request for Question Clarification by keystroke-ga on 14 Nov 2006 11:57 PST
Which state do the parties have residency in?

Clarification of Question by regino-ga on 14 Nov 2006 20:53 PST
Subject: Re: Divorce
Answered By: nenna-ga on 16 Nov 2006 11:17 PST
Rated:5 out of 5 stars
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."

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

If this answer requires further explanation, please request
clarification before rating it, and I'll be happy to look into this

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regino-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00

Subject: Re: Divorce
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

See an attorney right away before you mess up really  bad.

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