Family Law Questions? Ask a Family Lawyer Online.
Thank you for using JustAnswer. I am researching your issue and will respond shortly.
Washington Filing Requirements: In order to file for a dissolution of marriage in Washington, residency requirements must be met for the court to accept the case. If the court discovers it does not have jurisdictional rights to hear the case it will not be accepted or it will eventually be dismissed. The requirements are as follows: When a party who (1) is a resident of this state, or (2) is a member of the armed forces and is stationed in this state, or (3) is married to a party who is a resident of this state or who is a member of the armed forces and is stationed in this state. Petitions for a dissolution of marriage, and alleges that the marriage is irretrievably broken will not be acted upon by the court until 90 days has elapsed since the filing and the service of summons on the respondent. (Revised Code of Washington - Title 26 - Chapters: 26.09.010, 26.09.030)
For married persons to get a divorce in California:
You MUST meet California’s residency requirements. Either you or your spouse must have lived in:
California for the last 6 months, AND The county where you plan to file the divorce for the last 3 months.
If you and your spouse have lived in California for at least 6 months but in different counties for at least 3 months, you can file in either county.
Nevada likewise has a residency requirement, in that one of the spouses has to be a resident to file for divorce ther.
so you can legally file for divorce in Washington or California, because at least one of the spouses in the marriage live in those states.
personally, if I were you, I would file in Washington, as that would be the most convenient place for you to file. The court will have jurisdiction of the community property that's located in and outside of the state, so it doesn't really matter where the property is located, but it does matter where the residences of the spouses are.
Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).