Will I be able to get a divorce in California if my husband cannot reenter into the United States? 6 Answers as of February 11, 2011

My husband is not a U.S. citizen and cannot re-enter the United States, having overstayed a visa here previously. I am filing for divorce (in California), and I'm wondering what the legal implications are of his inability to appear in person, even if he wants to.

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
As long as you can prove notice to him (i.e., that he was personally served, even if overseas), then you can proceed. Whether by default or with him filing a Response. He does not have to appear in person. He can hire a lawyer to appear for him, and/or he can appear telephonically.
Answer Applies to: California
Replied: 2/11/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Yes. You can proceed via default with or without an agreement. The default process is a bit different depending on whether you and your spouse can resolve your case together with or without an agreement (regardless if he doesn't make an appearance). Hence, best to call to discuss in more detail.
Answer Applies to: California
Replied: 2/10/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
Yes you can obtain a divorce. Hire a family law attorney.
Answer Applies to: California
Replied: 2/10/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
I have reviewed your case information and I can help you with your California divorce take you through all the steps necessary to make as sure as can be that you give only what you must, and receive everything to which you are entitled.

Since documents have not been filed with the court it is very important that we speak as soon as possible, so I can evaluate your problem, and if hired protect all of your interests. There are ways to get jurisdiction over your husband, and complete the divorce without him coming to court. The resolution can be by agreement, or proceeding without his agreement. That choice will be up to him, but it wool NOT stop you from proceeding.

You may find some helpful information on my website.

The best way to contact me for an immediate response is for you to call.
Answer Applies to: California
Replied: 2/10/2011
Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You are not prevented from divorcing your husband merely because he cannot legally re-enter the United States. However, he would need to be served with process for your divorce to proceed.

If your husband is agreeable to the divorce, he can be served by mail if he signs and returns a Notice and Acknowledgment of Receipt of service.

If he is not agreeable to the divorce, he will need to be served in a manner appropriate to the country in which he is served.

Many, but not all countries, are members of the Hague Convention on Service of Process. If he is in one of those countries, he will need to be served in compliance with the Hague Convention's procedures. If he isn't in one of those countries, research will need to be performed to determine the method required to give him Notice of the divorce proceedings, its cost, and the amount of time needed to complete service in accordance with that country's requirements. Service of process in foreign countries can be expensive and time-consuming.

If your husband is served, either by accepting service via Notice and Acknowledgment of Receipt, or otherwise, he could nevertheless retain counsel in California to represent his interests in a divorce, or he could default, in which case your divorce case could proceed in his absence.

If he retains counsel in California, he could "appear" at hearings via "Court Call" telephonic appearance.

Also, the fact that your husband cannot legally reenter into the U.S. doesn't preclude his illegal re-entry and personal participation in the divorce case.
Answer Applies to: California
Replied: 2/10/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    You can get a divorce one way or the other. Get assistance from the court facilitators or call an attorney for guidance.
    Answer Applies to: California
    Replied: 2/10/2011
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