I am a California family law
practitioner -- please permit me to assist:
0. Can we apply for mutual Summary Dissolution(divorce) here?
A: The rules for summary dissolution are found at this link.
The fact that you were originally married in India is irrelevant. If you satisfy the requirements of California law, then you can be divorced in California, irrespective of where you were originally married.1. Where do I have to submit the form?
A: The forms are filed with the family court clerk in the Superior Court located in the county where you reside. Some counties may have a separate family courthouse (e.g., Orange County). For the Superior Court in your county, see this link.
2. What additional documents/paperwork needs to be attached. Keep in mind the marriage took place in India and we are not US citizens?
A: You do not need any additional paperwork. You do not have to be a U.S. citizen to divorce in California. You only need to be a resident of the state for six months.
3. Will I be required to appear in court at any point from the time form is submitted and verdict is given?
A: A summary dissolution does not require a hearing. However, some judges require the hearing, because the judge wants to ensure that each party is aware of the general rights and obligations involved -- and that no one is being tricked or coerced into the dissolution or its terms and conditions.4 . Will the divorce decree be mailed to me and my spouse?
A: No. You will receive a "Notice of Entry of Judgment," which is a note from the court clerk stating that your judgment is filed and final. If you want a copy, then you will need to either visit the courthouse and purchase a copy, or arrange with the clerk to mail you a copy -- which you will have to pay for.5. Do I have to go back to India and then reapply for a divorce there under indian law as well?
A: Your divorce is valid here and in India -- though, as I'm sure you're aware, India family customs tend to dislike the entire concept of divorce, so there may be non-legal repercussions.
Hope this helps and happy new year.
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