Family Law Questions? Ask a Family Lawyer Online.
Hello. You can file for divorce in California if you establish residency there for 6 months. You can either do it as a two party consent divorce (in which you both agree to the terms and conditions and file a marital agreement with the court) or you can file it as a "one party" irreconcilable differences divorce and the court will require her to show cause why the marriage should not be terminated. If she fails to respond to the service of process from you, you can ask the court to permit you to serve using publication in her area (you simply run an advert in the paper). If she still fails to respond to the advert then you can ask the judge to grant a divorce based upon her default.
If you can afford to do so, you really should get a lawyer to handle the court filings for you because it can get very complicated very fast, depending upon whether she contests and what she contests to.
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