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Where do I file for divorce if I live in Сalifornia and my husband is in Washington?

Discussion in 'Divorce, Separation, Annulment' started by Olivia Williams, Nov 15, 2019.

  1. Olivia Williams

    Olivia Williams Law Topic Starter New Member

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    Jurisdiction:
    California
    We registered marriage with my husband in 2010. After marriage registration, we lived in Westlake Village. In 2016 my husband moved to the Washington state, where he was born. Today, he lives in the Washington state. Some websites say that I can file for divorce in California . Is it true ?
     
  2. justblue

    justblue Well-Known Member

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    If you meet the residency requirement for California, you can file there.
     
  3. Tax Counsel

    Tax Counsel Well-Known Member

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    You should be able to do that, yes. There is, of course, the issue of getting him properly served, however. I suggest you see a divorce attorney in California for advice on how to pursue this to get it right.
     
  4. zddoodah

    zddoodah Well-Known Member

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    What do you mean by "registered marriage" and "marriage registration"?

    In any event, you can file in California because that's where you live (and assuming you've lived there for at least six months, which appears to be the case), but you must file in the county where you have resided for at least three months. Cal. Fam. Code section 2320(a); Cal. Civ. Proc. Code section 395(a).

    I suspect you can also file in Washington because that's where your husband lives, but I don't have time to look that up.

    Whether it would make any significant difference in terms of things like spousal/child support, custody and visitation is something about which you'd need to consult with family law attorneys in each state. If you don't have kids, then it likely makes little difference -- especially since you've been living separately for three-plus years.
     

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