About Out of State and Foreign Divorces

Out of State and Foreign Divorces

Because California has a six month waiting period, many people want to obtain an out of state or foreign divorce. But these "quickie" divorces are seldom legal.

California recognizes a divorce judgment which is granted in another state or country if and only if at least one of the parties lived there with the intent to remain.

That means that establishing residence in another state, divorcing, and immediately returning to California is not a legal way to terminate your marriage.

If the court finds that you obtained a divorce judgment outside of California for the express purpose of evading the six month minimum waiting period, the court is unlikely to recognize the Judgment. That gives the court the ability to make all new findings and orders particularly on issues of property, debts, spousal and child support, and custody and visitation.

"Quickie" divorces in places like Mexico and the Dominican Republic are advertised from time to time. These do not hold up in California courts as it is easy to show that the party or parties did not intend to move to a foreign country permanently.

And that's that about out of state and foreign divorces.

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