LEONARD M.WEINER, ESQ, Ph.D.

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LEONARD M.WEINER, ESQ, Ph.D.

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Question #98

 I am a citizen of France but have immigrated to the United States and are permanent residents in the United States. My husband left me two years ago to go back and live in France, although he still holds permanent residence status in the United States. He filed for divorce in France, and I received a letter saying that I must go to French Courts. I do not know if the french courts are aware that I am permanently residing in the US. Do the French courts have jurisdiction? If I file for divorce in the US (California), will the US court have jurisdiction, even though my husband lives in France?

Each state has its own jurisdictional requirements. In New York, for example, the residency requirement for the state of New York to have jurisdiction is anywhere between one and two years, depending on the circumstances. You should check with the courts in California to see what the residency requirement is under California law for California to have jurisdiction over your matrimonial matter. Once you have fulfilled the residency requirement, however, California will have jurisdiction, and you may file in California even though your husband is living in France.

Leonard M. Weiner, Esq./Divorce Solutions

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