I have a boyfriend and we've been together for about 5 years now. I am a US citizen and his visa has expired. He is also legally married out of the country. Can he get a divorce in the State of California? I have read about divorce by default and other inquiries related to this matter. We've been wanting to marry ever since but there's this delay. He has been separated with his wife for about 7 years now. I need help.
Answer
If he has been living in California for at least six months he can file for divorce here. Obtaining jurisdiction over his wife is the problem. Not impossible, but a problem. This is not something he is going to have any chance of doing successfully without an attorney.
Answer
The big issue here, as pointed out by Mr. McCormick, is personal jurisdiction over the wife. If she has no contacts with California, and is not served with the divorce paperwork here, she may be able to successfully move the court for an order of dismissal for lack of jurisdiction. You don't provide any information on her contacts and connection with California for any of us to offer you any decent advice.
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