I got married overseas, can I still get a divorce in California? 6 Answers as of January 21, 2011

My wife and I got married in India 2 years ago, and we have lived in the states for 5 years. However, my wife is now in India, and cannot come back to the US. Can I still divorce her? We have one property, but it cannot be shared since she is overseas.

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Michael Rose Attorney at Law
Michael Rose Attorney at Law | Michael Rose
You can get a divorce here California as long as you live here for 6 months. Where is the property? And it can be shared sell it and share the money. Did you buy it while you were married? Or you can give her the money for her share. Or she can sign it over to you.
Answer Applies to: California
Replied: 1/21/2011
Goodman, Dicus, and Teinert, LLP
Goodman, Dicus, and Teinert, LLP | Paul M. Teinert
You can still get a divorce in CA. You'll need to serve your ex-wife by first class mail that requires her signature and a return receipt. Once properly served you may proceed with your dissolution.
Answer Applies to: California
Replied: 1/11/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can get a divorce in the US. contact a family law attorney.
Answer Applies to: California
Replied: 1/11/2011
Goldberg Jones
Goldberg Jones | Zephyr Hill
Yes you can divorce her here in the US.
Answer Applies to: California
Replied: 1/11/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
Under the circumstances that you relate, you can divorce your wife in California, but she must be served with process in the manner required under the Hague Convention. Net community property is divided 50/50 in California, so if there is equity in your property, the Judgment would require you to pay your wife 50% of the net equity of that property (this responseassumes that is the only community property that you and your wife own and that the debt on that property is the only community debt owed by you and your wife).
Answer Applies to: California
Replied: 1/10/2011
    Michael Apicella
    Michael Apicella | Apicella Law and Mediation
    Yes, you can get divorced in California because as you said, you have been a California resident for 6 months. Just make sure that you have also been a county resident for 3 months in the county that you plan to file the divorce petition. Because your wife is in India and as you said, "cannot come back to the U.S.), you will have to take some extra effort to get her served. Once she is served, you can proceed via default (either with or without an agreement) depending on whether she responds or not.
    Answer Applies to: California
    Replied: 1/10/2011
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