Residency of county and legal separation/divorce

[Colada 0]

Hi All,

I am from CA and from my understanding I don't have to live in a county for at least 3 month before filing for legal separation. So, say if I move to another county and file for legal separation there and then I move another within 3 months, what will happen to my case? Will I have to file it all over again? Or I will be divorced once I obtain residency of the county that I would be living at the time?

I hope it doesn't sound too confusing.

Colada

Edited April 10, 2008 by Colada

[YuAndDan 153]

http://www.visajourney.com/timeline/profile.php?id=32812

Your profile just shows AOS approved, have you lifted conditions yet?

If legally separated, but not divorced, and US citizen chooses not to jointly file the I-751 to remove conditions, you will have a hard time removing them on your own.

Filing if the Couple is Separated

More troublesome is if the couple is still married, but separated or otherwise not getting along. With limited exception, as long as the couple is legally married, it is necessary to have a joint petition. Thus, troubled marriages often need either to be reconciled or terminated in order to file the I-751. As explained below, the I-751 can be filed by divorced individuals, and may be approved, as long as there is sufficient evidence that the marriage was genuine when initially entered into. It is more difficult to satisfy the USCIS in such scenarios, however.

Joint-Filing Waived in Limited Cases

There are two situations in which a person who is still legally married can file the I-751 without the spouse. The first is if the person entered into a marriage in good faith, but has been battered or subjected to extreme cruelty by the petitioning spouse. The second is if termination of permanent resident status and removal from the U.S. would result in extreme hardship to the foreign national. Extreme hardship is a high standard and can be based only upon conditions that arose after the conditional residency was acquired.

http://www.murthy.com/news/n_remcon.html

[diadromous mermaid 36]

Hi All,

I am from CA and from my understanding I don't have to live in a county for at least 3 month before filing for legal separation. So, say if I move to another county and file for legal separation there and then I move another within 3 months, what will happen to my case? Will I have to file it all over again? Or I will be divorced once I obtain residency of the county that I would be living at the time?

I hope it doesn't sound too confusing.

Colada

Not sure about CA requirements, but the residency requirement prior to petitioning to terminate a marriage is simply that one must have resided in that county in order to be eligible to file. If one moves in the interim, and one moves out of that jurisdiction, one would have to travel to the court handling the case, but I do not believe it requires that the case be moved. Hope that helps!

[desert_fox 32]

CA requires not only that you have been a CA resident for six months in order to use the courts, but you also must have been a resident of the county in which you are filing for at least 3 months.