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Can I finalize my California divorce while living in Indiana?

Can I finalize my California divorce while living in Indiana?

Full question:

I was living in California and filed for divorce in October 2006. I was going to serve my husband, but I ended up leaving California before doing so. I am living in Indiana now. Additionally, my husband served me in September of 2006. Can I complete the divorce while living in Indiana?

Category: Divorce
Date: 04/07/2025
State: California

Answer:

To proceed with your divorce in California, at least one party must have lived in the state for six months before filing and in the county where the case is filed for three months. Since you were served with the divorce papers, you can continue the process in California. Note that a divorce judgment cannot be finalized until six months have passed from when you were served or when your husband appeared in court, whichever is first.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How long does a spouse have to be gone before it's abandonment?

In California, abandonment occurs when one spouse leaves the marital home without the consent of the other spouse and with no intention of returning. There isn't a specific time frame that defines abandonment, but a prolonged absence can contribute to a claim. Generally, if a spouse is gone for several months or more, it may be considered abandonment, especially if they have not communicated their intentions. It's advisable to document the circumstances surrounding the absence for legal purposes.

What is marital abandonment in California?

Marital abandonment in California refers to a situation where one spouse leaves the marital home without consent and with no intention to return. This can affect divorce proceedings, as it may be used to establish grounds for divorce. The abandoned spouse may also have claims for spousal support or property division. It's important to gather evidence of abandonment, such as communication records, to support any legal claims.

Can you force your spouse to leave the marital home in California?

In California, one spouse cannot forcibly remove the other from the marital home without a court order. If there are issues of domestic violence or safety, a spouse may seek a restraining order, which could allow for removal. Otherwise, the spouse seeking to leave must negotiate the situation or file for divorce to address property rights and living arrangements through the court.

How do I prove abandonment in California?

To prove abandonment in California, you must demonstrate that your spouse left the marital home without consent and with no intention of returning. Evidence can include communication records, witness testimonies, and documentation showing the length of absence. It’s advisable to keep a detailed account of any interactions and circumstances surrounding the departure to support your claim in court.

What is considered abandonment in a marriage in California?

Abandonment in a marriage in California is defined as one spouse leaving the marital home without the other spouse's consent and without a plan to return. This can include physical absence as well as emotional abandonment, where one spouse neglects their responsibilities in the relationship. Establishing abandonment may impact divorce proceedings, particularly concerning grounds for divorce and spousal support.