I am an Indian citizen. I am a student in New York since June 2013 (F1 Visa). I worked and stayed during my Internship (CPT) from May 2014 to Aug 2014 in CA. I went back to New York for studies, and now I am back working on OPT (F1) Visa and staying in California since 12th March 2015. I will be on H1B from Oct 2015.My wife is in India. She has sent me abusive emails and I have necessary evidences to prove her infidelity. I am planning to file divorce in CA state law since I wont be able to run back and forth fighting in Indian courts. I heard from friends, I can file a divorce in CA if I stay 6 months in CA continuously and am eligible to become a resident. If it is correct ? What is the process to become resident of CA on papers ? Will I be able to file a divorce here as per CA law ?
California requires you to stay in the State for 6 months and in the county for 3 months before you can file for the divorce. California is a no-fault jurisdiction, so infidelity emails are not useful. You will need to serve your wife divorce papers through the Hague Convention since she is in India and thereafter file for a default if she wont file an answer here. Contacting a family lawyer who has done international divorces would be a good idea. Good luck.
Aggie Rachel HoffmanImmigration AttorneyLos Angeles, CA ·
Although your question is not an immigration one, I can tell you that simply living in CA, at a CA address and working here, you become a resident of CA. You also must be a resident for 3 months in the county in which you file for divorce; the periods may be concurrent. You should consult a Family Law attorney for other divorce related issues. You can find one at this avvo site.
Each state has their own criteria for determination of Residency for legal purposes. I have no reason to doubt Attorney Hoffman, who enjoys an excellent reputation in the Bar. I would further agree that you consult a Matrimonial/Divorce Lawyer as to the legal effect, if any, of a California Divorce decree as regards any property and Assets that you have in INdia. You might have to consult a lawyer over there too.
I agree with my colleagues ... immigration 'residence' is not the same as California 'residence'
Don't listen to 'friends' ... talk to a CA divorce attorney.
