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Home Blog San Diego Family law California Law Opens Its Divorce Courts to Non-Residents

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James D. Scott, Certified Family Law Specialist in San Diego specializing in divorce mediation and high profile, high net worth divorces.

California Law Opens Its Divorce Courts to Non-Residents

Posted by San Diego Family law
San Diego Family law
James D. Scott, Certified Family Law Specialist in San Diego specializing in div
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on Friday, 14 October 2011 in Family Law

Traditionally, when people got married and then moved to another state only to decide at that point that they wanted to obtain a divorce, the rules regarding legal domicile required them to pursue that divorce in the jurisdiction where they lived when they made that decision.  These laws basically exist to prevent people from 'forum-jumping' so that they could take advantage of different standards that exist in different states.

However, recent times have seen changes, challenges and developments to what many people consider 'traditional' marriage norms, specifically in the form of gay marriage.  For a short time in 2008, gay couples were allowed to legally marry and have that union recognized by the state.  However, some couples who got married in California and then attempted to obtain a divorce in a different jurisdiction were refused because that jurisdiction did not recognize that same-sex marriage.

California has recently addressed this problem by passing Senate Bill 651, which was signed into law by Governor Brown on October 9th.  This new law, which takes effect in January of 2012, will allow people who got married in California to pursue a divorce in California even though they are no longer residents of the state.  The law will require those who seek this resolution to adhere to the divorce rules and standards that exist in California.

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While the law that was passed is obviously an attempt to reach a resolution to a problem that could grow in scope, experts have stated that the language of the law leaves much in the way of ambiguity.  However, this law is not necessarily limited to same-sex couples, although other jurisdictions would likely not refuse to hear a divorce case between a man and a woman.  This law likely does represent an example of how divorce law will continue to change over time.

If you are facing the possibility of a divorce, you need to seek the help of San Diego divorce lawyers who have been helped many clients see their way through this difficult process.  Contact the law office of James D. Scott today to schedule an initial consultation.

James D. Scott, Certified Family Law Specialist in San Diego specializing in divorce mediation and high profile, high net worth divorces.

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