Can a permanent resident living in California file a divorce within the U.S. to end their marriage to a spouse who lives in another country?
Can a permanent resident living in California file a divorce within the U.S. to end their marriage to a spouse who lives in another country?
As long as you meet the residency requirements to qualify for divorce (in California, being domiciled in the state for six months, and the county in which the divorce is filed for four months), you can file for a divorce. However, if there are assets in another country, the California court won't have jurisdiction over those assets unless the other spouse consents to the California court's jurisdiction. The person seeking a divorce can get a valid U.S. judgment of divorce, but they may have to bring additional actions in the other spouse's country for property, custody and support issues (if there are any to resolve).