When you file for a divorce in California, the laws of the state apply to all aspects of the divorce, including child support, child custody arrangements and property division. It is possible to get a divorce in one state if your spouse lives in another. But it is best to do itwith the help of a Central Valley divorce attorney.
In most divorce proceedings, when the spouses live in two different states, the couple can choose where they want to file for their divorce, provided both spouses meet their respective state’s residency requirements. If one spouse moves to another state after the finalization of the divorce, they may be required to modify one or more of the original divorce orders.
What To Do If Your Spouse Lives In Another State
In order for you to get a divorce in California, you or your spouse must have lived in the state for 180 days or longer. If you recently moved to California and are planning to file for divorce, you may need to file for divorce in the state your previously resided. The other option is to wait to file for divorce until you have lived in California for at least six months.
Where you file for divorce is important because it is that state’s laws that determine your divorce orders. For example, in California, property is divided according to the doctrine of community property. In some other states, marital property is divided according to the equitable distribution method. If you have the option of filing divorce in more than one state, it is best to first do your research and familiarize yourself with the differences between these division doctrines and other procedural differences.
Child Custody When One Parent Lives in California
If one parent wants to leave California either after the finalization of a divorce or during the proceeding, he or she is required to give the other parent notice of the move at least 45 days before actually moving. This advance notice allows the parents to create a new child custody plan. It also allows the non-moving parent to object to the move. In such a case, the non-moving parent has the obligation of proving to the court that moving is not in the child’s best interest.
Call an Experienced Central Valley Divorce Attorney
If you are going through a divorce or planning to file for divorce, it is important that you have a knowledgeable attorney fighting for your rights. For more information or to schedule a complimentary consultation with a Central Valley divorce attorney, please call Gurjit Srai (209) 323-5558 or (559) 449-1447, or complete our online form.