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Gina Policastri

Can I get a divorce in California if I got married in Las Vegas?

May 10, 2024/in Family Law /by Gina Policastri

We’ve all heard of the “Vegas wedding,” and indeed, Las Vegas has become a very popular destination for couples looking to get married quickly. Many people perceive getting married in Vegas as easy, as it requires minimal paperwork, no significant waiting period, and no need for blood tests, which are required in some U.S. states. 

One of the most frequently asked questions is whether a marriage officiated in one state, such as the quick nuptials of Las Vegas, can be dissolved in another state, like California. In this guide, we’ll explain what you need to know about filing for divorce in California after getting married in Las Vegas. 

So, can I get a divorce in California if I got married in Vegas?

The short answer to the question is yes, you can get a divorce in California even if you got married in Las Vegas. California, like most states, recognizes marriages performed in other states and countries, including those in Las Vegas. However, certain criteria must be met to file for divorce in California, irrespective of where the marriage took place.

Criteria for filing for divorce in California

Firstly, to file for divorce in California, either you or your spouse must be a resident of the state for at least six months prior to filing. Also, you must have lived in the county where you plan to file for divorce for at least three months. Meeting these residency requirements is crucial, regardless of where the marriage ceremony occurred.

Once you meet the residency requirements, you’re eligible to file for divorce in California. When you file forms with the court, you’ll need to pay a fee, which costs between $400 and $500. As long as you can pay, you meet the criteria for filing for divorce in California. 

What’s the process for filing for divorce in California?

Once residency requirements are fulfilled, the process of divorce in California follows the same legal procedures, whether the marriage took place in Las Vegas, New York, or even abroad. 

This includes filing a petition for dissolution of marriage with the appropriate California court, serving the petition to your spouse, and navigating issues such as division of property, child custody, and spousal support according to California’s laws.

However, while the process may seem straightforward, complexities can arise, especially in cases involving interstate or international marriages. Differences in state laws regarding property division, alimony, and child custody can significantly impact divorce proceedings.

Discuss your divorce proceedings with an LPEP expert

For couples married in Las Vegas but seeking a divorce in California, it’s crucial to consult with a qualified family law attorney well-versed in both California’s divorce laws and the intricacies of interstate marriages. Seeking legal advice early in the process can help alleviate stress and ensure a smoother transition out of the marriage, regardless of where it began.

If there are disputes regarding jurisdiction or conflicts between state laws, seeking legal counsel becomes even more imperative. A knowledgeable attorney can help navigate these complexities and work towards a favorable resolution that protects your interests.

At Lonich Patton Ehrlich Policastri, we can help you with everything from divorce planning to litigation. Our highly experienced family law experts and divorce attorneys can guide you through the legal process of divorce in California, ensuring that your rights are protected and that the divorce is handled efficiently and effectively.

Contact LPEP today to schedule your free consultation.

Disclaimer: This article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Gina Policastri

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Gina Policastri is a Family Law Specialist as certified by The State Bar of California Board of Legal Specialization, and partner at Lonich Patton Ehrlich Policastri, where she has worked since graduating from Santa Clara University School of Law. Gina was one of the firm’s first associates and, during her 15 year tenure, has been instrumental in growing the firm into one of the largest family law firms in California.

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LONICH PATTON EHRLICH POLICASTRI

Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com

1871 The Alameda, Suite 400
San Jose, CA 95126

Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.

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