International Divorce

[JKELLY5762]

my girlfriend is a Japanese citizen. She was married two years ago in Washington state to an American citizen. Six months ago, she moved here with me in California. She wants to divorce him, but needs to know if she can divorce him after she moves back to Japan. She doesn't want to divorce him here for fear he'll find her.

Can she file here in CA with a Japanese address, and then proceed from Japan? Can she file from Japan?

 

[I AM ALWAYS LIABLE]

my girlfriend is a Japanese citizen. She was married two years ago in Washington state to an American citizen. Six months ago, she moved here with me in California. She wants to divorce him, but needs to know if she can divorce him after she moves back to Japan. She doesn't want to divorce him here for fear he'll find her.

Can she file here in CA with a Japanese address, and then proceed from Japan? Can she file from Japan?

My response:

First, Civil matters filed anywhere in the United States must be dealt with here in the United States. Such a case cannot be "transferred" to a foreign nation. All civil cases are subject to the filing location jurisdiction, and requirements. If she wants a foreign divorce, then she must file in the Nation of her choice, as long as those rules and laws are followed.

Second, and assuming she has met the 6 month State residency requirements of California, and the 3 month County residency requirements, then she must file in the State of California with a California address. It is that address that is used for part of the jurisdictional requirements.

Good luck to you.

IAAL