Before you can file an action for divorce, most states require that you live in the state for a certain amount of time, usually six months or one year. This type of law is designed to prevent a state from becoming a “divorce mill,” a term applied to states that routinely grant divorces even though the person has lived there for only a few weeks.
As long as it was properly obtained and issued, a divorce obtained in one state is valid in all other states. Thus, a divorce obtained in Las Vegas, which has a short residency requirement before getting a divorce, is valid in all other forty-nine states and the District of Columbia. But if you get a divorce on an overnight trip to Mexico or some faraway exotic island, don’t expect it to hold up in the United States, particularly if your spouse wishes to contest it. Before you go to another state or another country to obtain a divorce, you should talk to two lawyers – one in your home state, another in the other state or foreign country where you will be getting the divorce – to see whether the divorce will in fact be recognized as valid when you return home. Also, the “quickie” divorce in a foreign country doesn’t divide the property, settle issues of child custody, visitation, and support, or spousal support.
Divorce is often a difficult and emotionally grueling process, however, having a Sacramento divorce attorney on your side that is caring, compassionate, and experienced can make the process less painful and traumatic. Call (916) 266-0188 today to schedule a consultation with an experienced divorce attorney in Sacramento, Robert N. Kitay.