• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Filing for Divorce/Annulment outside of US

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

panopticonalee

Junior Member
What is the name of your state (only U.S. law)? CA

My wife and I got married in Los Angeles in December of 2007, but both of us moved to Germany in Jan. 2008 for my job. We lived in Germany until May of 2009 and then we moved back to Taiwan.

My question is we would like to get divorced/annulment, but CA law states that one of us need to stay in CA for the past 6 months in order to file a divorce. Is this correct? So does this mean one of us need to move back to CA for 6 months just to get divorced? How does the court measure whether a couple stays in CA for 6 months or not?

On the other hand, is it possible to file for annulment? If I admit to have domestic partnership with another person, can we file for annulment? What type of proof would I need in order to file for annulment under this type of circumstance? Do we then need to be in CA for 6 months?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

My wife and I got married in Los Angeles in December of 2007, but both of us moved to Germany in Jan. 2008 for my job. We lived in Germany until May of 2009 and then we moved back to Taiwan.

My question is we would like to get divorced/annulment, but CA law states that one of us need to stay in CA for the past 6 months in order to file a divorce. Is this correct? So does this mean one of us need to move back to CA for 6 months just to get divorced? How does the court measure whether a couple stays in CA for 6 months or not?

On the other hand, is it possible to file for annulment? If I admit to have domestic partnership with another person, can we file for annulment? What type of proof would I need in order to file for annulment under this type of circumstance? Do we then need to be in CA for 6 months?
You must file for divorce in the country where you are a legal resident. It doesn't matter where you got married.
 

panopticonalee

Junior Member
So if we are both living in Taiwan now, we can file for divorce in Taiwan and it will Void the marriage certificate of US?

Thanks!
 

Golfball

Member
What is the name of your state (only U.S. law)? CA

My wife and I got married in Los Angeles in December of 2007, but both of us moved to Germany in Jan. 2008 for my job. We lived in Germany until May of 2009 and then we moved back to Taiwan.

My question is we would like to get divorced/annulment, but CA law states that one of us need to stay in CA for the past 6 months in order to file a divorce. Is this correct? So does this mean one of us need to move back to CA for 6 months just to get divorced? How does the court measure whether a couple stays in CA for 6 months or not?

On the other hand, is it possible to file for annulment? If I admit to have domestic partnership with another person, can we file for annulment? What type of proof would I need in order to file for annulment under this type of circumstance? Do we then need to be in CA for 6 months?
States are pretty strict on their residency requirements (and separation requirements, if any) for divorce, they don't want to become a divorce mill.

However, you do *not* have to get divorced in the same state you got married in. Some states have shorter residency periods, some have no separation periods. Most states have a waiting period, and whether you need to remain a resident during the divorce process also varies from state to state.

You've probably been married too long to file for annulment, as well, but I would defer to the CA law gurus.

Why can't you get a Taiwanese divorce?
 

LdiJ

Senior Member
States are pretty strict on their residency requirements (and separation requirements, if any) for divorce, they don't want to become a divorce mill.

However, you do *not* have to get divorced in the same state you got married in. Some states have shorter residency periods, some have no separation periods. Most states have a waiting period, and whether you need to remain a resident during the divorce process also varies from state to state.

You've probably been married too long to file for annulment, as well, but I would defer to the CA law gurus.

Why can't you get a Taiwanese divorce?
You should have read down before posting.
 

panopticonalee

Junior Member
Thanks for your responses. I understand better now. However, even if I get divorced in Taiwan how does my "marriage record" become "divorced" in CA? Or it does not matter?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top