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MJMLagoon
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Reged: 05/10/12
Posts: 1

Married overseas, divorcing in CA?

#784557 - 05/10/12 06:57 PM

Hello, this is my first post, and I wish I didn't have to be making it. My marriage is on the rocks, probably heading for divorce, and I have a question.

I am a U.S. citizen, and I was married in Japan to a Japanese national 12 years ago. We were married under Japanese law. A few years later, we moved back to the U.S. and now live in CA (Contra Costa county).

Getting a divorce under Japanese law is fairly simple - in our case, if we agree to the separation (and we will), we sign some Japanese documents from the Japanese city office where we registered our marriage (don't worry I can get those) and it's all over.

My question is, if all the legal paperwork needed to separate is in Japan, would I still need to file anything here in California? Since our marriage in Japan is recognized under U.S. law (my wife has a green card), we filed no legal documents here in the U.S. pertaining to our marriage.

Appreciate answers from anyone with good insight or experience with this sort of thing.

Edited by MJMLagoon (05/10/12 07:18 PM)

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Renny
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Reged: 09/24/11
Posts: 479

Re: Married overseas, divorcing in CA?

[Re: MJMLagoon]
#784607 - 05/12/12 11:17 PM

If you are a resident of CA, CA has jurisdiction over the divorce. Thefact that you married in Japan is irrelevant as far as CA is concerned. If for whatever reson the town in Japan will grant you a divorce, you needn't worry about registering the divorce in CA unless you want CA to enforce some provision in the divorce agreement.

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