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Foreign Divorce Validity in the USA

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  • 11-30-2011, 01:50 PM
    johnny12
    Foreign Divorce Validity in the USA
    My question involves a marriage in the state of CA. I am interested to know under what circumstances will a divorce in Bulgaria be accepted in California. We are both Bulgarians but not naturalized US citizens. We married in CA but want to divorce in Bulgaria. Consent of the spouse for that is not present though. Both currently reside in CA. Do both spouses need to consent to the Bulgarian juristdiction and the divorce will need to be consentual in order to be accepted as valid in CA or can it be accepted also if the divorce is initiated by the one party only?
  • 12-02-2011, 07:29 AM
    Mr. Knowitall
    Re: Foreign Divorce Validity in the USA
    If your spouse is not willing to consent to a divorce in Bulgaria, and is presently domiciled in California, you should expect that a California court will not enforce the judgment. (If you were domiciled in Bulgaria you might be able to get a simple judgment of divorce, the termination of your marriage without resolving issues that are properly decided in California, enforced in the U.S., but from what you say neither you nor your spouse has any present material connection to Bulgaria.) I won't speculate as to whether a Bulgarian court would hear your case under your facts - for issues of Bulgarian law, consult a lawyer in Bulgaria.
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