International divorce in California arises when one or both spouses are foreign nationals, when the marriage occurred abroad, or when one spouse lives outside the United States. California courts can handle international divorce cases, but specific jurisdictional and procedural issues apply.
When California Courts Have Jurisdiction in International Divorce
California courts have jurisdiction to grant a dissolution of marriage when either spouse has been a California resident for six months and has lived in the filing county for three months — regardless of where the marriage took place or where the other spouse lives. California courts can divide community property located in California even if one spouse is abroad, though enforcement of orders against property or persons outside the United States may be more complicated.
Recognition of Foreign Divorce Decrees in California
California generally recognizes a divorce decree granted by a foreign country if the proceedings met due process requirements — both parties had notice and an opportunity to be heard. If a foreign divorce is recognized, it terminates the marriage just as a California judgment does. If a foreign divorce is challenged as invalid (for example, if one party was not properly served or if the foreign country lacked jurisdiction), the person may still be considered married under California law.
Special Issues in International Divorce
International divorce cases frequently involve: property located in multiple countries with different ownership rules; assets in foreign bank accounts; pensions governed by foreign law; child custody disputes with the Hague Convention on international child abduction potentially applicable; immigration consequences when one spouse's visa status depends on the marriage; and service of process on a spouse living abroad. Furubotten Law, APC handles international divorce matters throughout Orange County and Riverside County. Call (714) 795-3862 for a complimentary case evaluation.