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In San Diego, many spouses have divorced in the past. Some divorced spouses divorced in San Diego but many divorced spouses have their divorce judgment in another state or another country. Generally, San Diego recognizes both marriages from any state and any country in the world as long as the marriage was valid according to the laws of that state or country. If this was not the case, marriage would end at the “border” allowing multiple marriages in multiple countries. Similarly, San Diego recognizes divorces from any state and any country in the world as long as the divorce was valid according to that state or country. It is imperative to have a “certified” copy of your marriage license or divorce judgment if this occurred in the United States and to keep this is a secure place like a safe deposit box. If the marriage or divorce judgment occurred outside the United States, there are different requirements. This can become an issue when a divorced spouse remarries.
As above, San Diego recognizes and gives full faith and credit to marriages and divorces around the world. As of October 2, 2011, Malta will begin allowing divorces. This leaves only two countries who do not permit divorce: Philippines and Vatican City. As such, if there was a marriage in Vatican City or the Philippines, under the Family Law Code in San Diego, a divorce judgment can be obtained with the mandatory jurisdiction and other requirements for a valid San Diego divorce being met. While this divorce is recognized in the United States, this does not affect the laws of the Philippines and Vatican City. As such, remarriage in these two countries may not be permitted even with a valid divorce. If you are a citizen of the Vatican City or the Philippines, you need to check to see what effect a divorce in San Diego would have on your marital status in your country.
Legal separation is permitted in San Diego. Legal separation is the same as a divorce except the marital status is not terminated and the two spouses remain married. Legal separation has all the same issues, otherwise, of a divorce such as custody, visitation, child support, spousal support and division of assets and debts. If a legally separated spouse wants to remarry, after the legal separation judgment is entered as an order of the Court, then a divorce would need to be filed. There is a procedure, called an amended petition, which would allow for a San Diego legal separation case to be amended to a divorce before the legal separation judgment is entered. In addition, in a legal separation case, the petition can be for legal separation but the response can request a divorce. In this case, the proceeding will be a divorce and not legal separation. San Diego is a no fault divorce jurisdiction as is all of California.
If you have a question about marriage validity, legal separation or divorce, please feel free to contact us for a confidential consultation.