Can I File for Divorce in California if I Was Married in Another State? – Legal Action Workshop

Many people want to know, if they were married in another state or country can they file for divorce in California?

And the simple answer is, yes. If you are a resident of California. Which means you’ve been living in the state for at least six months while in county for at least three months then you would file in the county in which you have been living.

Another question, is the filing fee to the courts included in the legal action workshop pricing? It is not. The filing fee is additional. It’s usually $435.00 in most counties in California. It may be waived based on your income and other factors, we will tell you how.

How long does divorce take in California? Divorce takes a minimum of six months and one day from the date of service. It doesn’t take any shorter than that. However it can take longer based on your circumstance.

Can I serve my spouse personally? And the answer is no. A spouse can be served by mail. If the spouse is cooperative or if the spouse is not cooperative can be served by another adult not a child of the marriage, process server, or a sheriff.

Will I have to go to court? The answer to that is kind of complicated. If you have no issues and the spouse is cooperative, you may not need to go to court at all. However, if you have issues and you address them through an agreement then you usually don’t have to go to court either. However, if you have issues and you’re not in agreement and cannot agree on those issues then usually you will have to go to trial to complete and finalize your divorce.

Can I still get divorced even if my spouse refuses to sign? The answer is yes, you can because as long as the spouse is properly served the spouse doesn’t need to cooperate, although it’s always better if the spouse does cooperate. So, the most important step is to serve by another adult, a process server, or sheriff and that other adult again cannot be a child of the marriage.