California Uniform Divorce Recognition Act

California has a number of formal acts in statute. Family Code Division 6, Part 1, Chapter 8 provides the Uniform Divorce Recognition Act, which is contained in Sections 2090 to 2093. Chapter 8 was added in 1992 by Chapter 162. Section 2090 names the Act.

Section 2091 provides a divorce obtained in another jurisdiction is not of any force or effect in California if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced.

Section 2092 provides that proof that a person obtaining a divorce from the bonds of matrimony in another jurisdiction was (a) domiciled in this state within 12 months before the commencement of the proceeding therefor, and resumed residence in this state within 18 months after the date of the person’s departure therefrom, or (b) at all times after the person’s departure from this state and until the person’s return maintained a place of residence within this state, is prima facie evidence that the person was domiciled in this state when the divorce proceeding was commenced.

Section 2093 provides that the application of this chapter is limited by the requirement of the Constitution of the United States that full faith and credit shall be given in each state to the public acts, records, and judicial proceedings of every other state.