How Do I File for Divorce in California If My Spouse Lives in Another State or Country?

Filing for divorce in California can be a fairly straightforward process, but it doesn’t come without its challenges. If one spouse is living out of the state, you are likely wondering, “How do I file for divorce in California if my spouse lives in another state or country?” Fortunately, it’s still possible to file for divorce in California if your spouse isn’t currently living there as long as you still meet the minimum requirements and follow the right steps.

Navigating the California legal system can be confusing without having a legal background. That’s why it’s beneficial to hire a local divorce attorney to guide you through the process.

Divorce by the Numbers

The California Supreme Court reported 5,490 filings and 5,674 dispositions in fiscal year 2022-2023. As of 2022, the divorce rate in California was 5.9, indicating that about six per 1,000 women filed for divorce that year. These cases cover a wide range of unique situations, including divorces where one spouse no longer lives in the state.

Filing for Divorce in California When Your Spouse Lives Out of State

Even with a spouse living out of state, it’s possible for you to file for divorce in California as long as you’ve been residing in the state for at least six months and in the county you’re filing in for at least three months. If you meet these requirements, it doesn’t matter where your spouse lives. In fact, even the spouse who lives out of state can file in California as long as the other spouse meets these requirements.

Once you’re ready to start the process, you can file a petition for dissolution with your California county court and serve your spouse. In most cases, the most reliable way to serve them is in person. However, you may need to resort to alternate methods if they live in a different state—or even a different country. If you plan to use someone else to serve your spouse, some potential options include:

• A county sheriff
• A person you know and trust
• A professional process server

Your spouse has 30 days to respond to the petition for divorce. If they don’t respond within that timeframe, you can expect a default judgment in your favor. If they are willing to acknowledge the petition, you then go through the process of negotiating agreements. In a situation where one spouse lives out of state, online mediation can be highly beneficial.

While a courtroom divorce can be complicated with one spouse living out of state, mediation can go on as usual. The mediation process can be flexible, especially when you’re doing it remotely. Just be sure to work with a mediator who is experienced with long-distance mediation.

If you can’t come to an agreement in mediation, the next step is to enter litigation with the applicable county court. This can involve multiple court hearings, including the final hearing. For this part, the out-of-state spouse will have to travel back to the state. That said, they may be allowed to have their appearance waived for the final hearing.

Once you reach an agreement on all the aspects of your divorce, all that’s left is the final paperwork. This includes filing a judgment (FL-180) and a Notice of Entry of Judgment (FL-190). After a mandatory six-month waiting period has passed from the time you filed the petition, the judge signs off on everything, and you are officially divorced.

California Jurisdiction in Out-of-State Divorces

There are three kinds of jurisdiction that determine how a California court can handle a divorce case: personal jurisdiction, subject-matter jurisdiction, and territorial jurisdiction. When you file in California with an out-of-state spouse, California has both subject-matter and territorial jurisdiction.

However, it does not have personal jurisdiction over both spouses. This can make rulings on child custody, child support, property division, and spousal support more difficult. It’s wise to seek counsel from an experienced attorney to navigate these nuances. That way, you can be sure you’re doing everything correctly.

FAQs

Q: How Do I Change My Name After a Divorce in California?

A: In California, you can change your name either to your birth name or a new one entirely as a facet of your divorce case. Moreover, you can later change it as a part of the case, even once it’s finalized. There is no statute of limitations for when you can go back to make this change.

Q: What Are the Requirements for Getting a Divorce in California?

A: If you’re getting a divorce in California, and both you and your spouse live in California, you must meet certain residency requirements to file the petition. Either you or your spouse must be a California resident for six months or more. Also, one of you must have resided in the county you’re filing in for at least three months.

Q: What’s the Difference Between Divorce, Legal Separation, and Nullity?

A: Divorce and legal separation both refer to separation between partners in a legally binding marriage, while annulment disbands a partnership that is deemed invalid. Legal separation is similar to divorce, except it does not end the marital status. Instead, it allows two spouses to separate property and handle issues like child custody and support, spousal support, and more while still being technically married.

Q: Does It Matter Who Files for Divorce First in California?

A: If you and your spouse want a divorce, it does not matter who files first. The California county courts do not treat the spouse who filed the petition for divorce (the plaintiff) any differently than the spouse receiving the petition (the respondent). That said, the respondent must be sure to respond to the petition within 30 days. Otherwise, the case could result in a default judgment in favor of the plaintiff.

Set Up an Appointment With a California Divorce Lawyer Today

Navigating California law can be challenging, especially if you’re filing for a divorce with a spouse who lives out of state. While the process of filing does not differ much from if you were both in the state, it’s still important to understand how to go through each step. It’s also crucial to work within the proper deadlines while communicating with someone long-distance.

Our team at Bickford Blado & Botros has experience in handling all types of divorce cases in California, and we can help you navigate yours. Contact our firm to talk with a California divorce lawyer about your case today.

 

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