Married in Iran: can you divorce in California, and is the marriage valid here?

Yes, as a rule: a marriage contracted outside California that is valid where it was contracted is valid in California (Family Code § 308), and a California court can end it once one spouse has lived in California for six months and in the county for three months (§ 2320). The main exception is a marriage that California treats as void, such as a bigamous one (§ 2201). The Court of Appeal applied that rule in 2022 to a marriage that was valid where it was contracted.

This page is for couples who married in Iran and now live in Orange County or San Diego County. It explains when California recognizes the marriage, what you need to file for divorce here, which Iranian documents to gather and how a California court receives them, and what cannot be known until those documents are read. The full divorce process, from petition to judgment, is on the divorce page. This page covers California law only; questions about Iranian law, or about registering a California divorce in Iran, need someone qualified in Iranian law. The office does not give immigration advice.

Is a marriage from Iran valid in California?

The starting rule is short: "A marriage contracted outside this state that would be valid by laws of the jurisdiction in which the marriage was contracted is valid in California" (§ 308). Under that rule, the question is whether the marriage was valid under the law of the place where it was contracted, not whether it followed California's own ceremony rules. Family Code § 420(c) adds that a marriage contract otherwise duly made is not invalidated for want of conformity to the requirements of any religious sect.

The limit is California's rule on void marriages. A later marriage contracted by a person during the life of a former spouse is "illegal and void" unless the former marriage was dissolved or adjudged a nullity before the later marriage, or one of the narrow exceptions about an absent or presumed-dead spouse applies (§ 2201(a)).

In In re Marriage of Elali and Marchoud (Court of Appeal, Fourth Appellate District, Division Two, case E075103, filed June 8, 2022, certified for publication), a husband who was married to his first wife in California married a second wife in Lebanon. It was undisputed on appeal that the Lebanese marriage was valid under the law of Lebanon. The Court of Appeal held that § 308 did not stop the court from applying § 2201(a), and affirmed a judgment that the Lebanese marriage was void because it was bigamous. The court relied in part on earlier decisions treating a polygamous marriage as an exception to the place-of-marriage rule, and on Penal Code § 281. It distinguished Estate of Bir (1948), where a court recognized a foreign plural marriage only to divide a deceased husband's estate between two wives who lived in India, noting the case before it involved living spouses seeking support and property rights under the California Family Code.

The same opinion describes how the trial court then considered whether the second wife was a "putative spouse" under § 2251, a status that depends on a good-faith belief that the marriage was valid; it found she was not. If a marriage may be void, that question can matter for property and support.

How a divorce works for a couple married in Iran, step by step

1. Confirm the marriage and any earlier marriages. Gather the Iranian marriage contract and, if either spouse was married before, the documents showing how that earlier marriage ended, because § 2201(a) turns on whether it was dissolved before the later marriage.
2. Check residency. A judgment of dissolution may not be entered unless one spouse has been a resident of California for six months and of the county where the case is filed for three months immediately before filing (§ 2320(a)). Only one spouse needs to meet it. The Orange County court's self-help page notes that a spouse who does not yet qualify can file for legal separation and later amend the petition to request a divorce.
3. File the petition. The case starts with a Petition (FL-100) and Summons (FL-110), with a Declaration Under the Uniform Child Custody Jurisdiction and Enforcement Act (FL-105) if there are minor children. In Orange County, divorce, legal separation and annulment cases are filed only at the Lamoreaux Justice Center in Orange. The grounds are irreconcilable differences or permanent legal incapacity to make decisions (§ 2310); the court does not ask who was at fault, and evidence of specific acts of misconduct is inadmissible except where a statute provides otherwise (§ 2335).
4. Serve the other spouse. If your spouse lives in Iran, plan the method of service before filing. Your spouse then has 30 days to respond, and a spouse who does not respond does not stop the case.
5. Exchange disclosures. Each spouse discloses all assets and debts, in every country, under penalty of perjury (§ 2104). Property in Iran is covered in the guide to property in Iran.
6. Resolve custody, support and property. Children's issues follow the child's best interest, and the custody page explains how they are decided. A mahr in the marriage contract is analyzed separately on the mahr page.
7. Judgment. Marital status ends no earlier than six months after service of the summons and petition or the respondent's appearance, whichever is first (§ 2339).

Documents from Iran, and how a California court receives them

• The marriage contract (aqd-nameh), every page, and any registered marriage certificate.
• An official copy of the marriage record, if one can be obtained. A copy of a record kept by a public office outside the United States is prima facie evidence of it when attested as a correct copy by a person with authority and accompanied by a final statement certifying the signature and official position, made by a U.S. consular officer or by a diplomatic or consular official of the foreign country assigned or accredited to the United States (Evidence Code § 1530(a)(3)). The attestation must state in substance that the copy is correct (§ 1531). If all parties have had a reasonable opportunity to investigate, the court may for good cause admit an attested copy without the final statement, or an attested summary (§ 1530(a)(3)).
• Documents ending any earlier marriage, for either spouse.
• Proof of your residency dates in California and in the county: leases, utility bills, tax returns, a driver's license.
• Children's birth certificates and a record of where the children have lived, for the UCCJEA declaration.
• Certified English translations. Exhibits written in a foreign language must be accompanied by an English translation certified under oath by a qualified interpreter (Cal. Rules of Court, rule 3.1110(g)). When a writing offered in evidence cannot be understood directly, a translator who understands the language is sworn to translate it (Evidence Code § 753(a)).

For hearings, the Judicial Council's self-help guide says court interpreters are provided free of charge and must be requested in advance. You may ask for a Persian interpreter even if you speak some English.

What changes the answer?

• A prior marriage that had not ended. Section 2201(a) can make the later marriage void, and Elali applied it to a marriage valid where contracted.
• Residency. Without six months in California and three in the county, no dissolution judgment can be entered (§ 2320(a)); legal separation first, then an amendment, is the route the Orange County self-help page describes.
• Where your spouse lives. Service abroad, and orders about support and property against a spouse who has never lived here, need separate planning.
• Children. Where the children have lived bears on which court can make custody orders (§ 3421); the UCCJEA declaration (FL-105) collects that information.
• A divorce already granted in Iran. If either spouse already obtained a divorce in Iran, the question becomes whether California recognizes it; see the page on Iranian divorces.
• A mahr or half-property clause. These do not affect the validity of the marriage, but they raise separate questions, covered on the half-property clause page and the mahr page.

What we do not know without the documents

Until the papers are read, we cannot confirm that the marriage was validly contracted under the law of the place where it happened (that is a question of Iranian law, for someone qualified in it), that any earlier marriage ended before this one, how and when your spouse can be served, or what the court can order about support and property if your spouse is abroad. We also cannot say whether a proceeding in Iran is already pending or finished, which can change the analysis. Each answer comes from the documents and the facts.

A worked example

For example, take a hypothetical couple, Sara and Omid. They married in Mashhad in 2015 and registered the marriage there. Omid had an earlier marriage in Iran that ended in a divorce in 2013. Omid moved to Irvine in 2022 for work and Sara joined him in 2023 with their daughter. They separated in early 2026, and Sara wants a divorce in Orange County.

Sara has lived in California and in Orange County for more than two years, so § 2320(a) is met. Because the Mashhad marriage was valid where it was contracted, California treats it as valid (§ 308), but the 2013 divorce matters: under § 2201(a), Omid's marriage to Sara is void if his first marriage had not ended before 2015. Sara's attorney therefore asks for the Iranian documents showing that divorce, with certified translations, and considers whether an official copy can be presented under Evidence Code § 1530. Sara files her petition, summons and UCCJEA declaration at the Lamoreaux Justice Center, lists the family's property in both countries in her disclosure, and asks for a Persian interpreter for hearings. Their marriage contract also sets a mahr, which is reviewed separately. This example shows the steps; it does not predict a result.

Mistakes to avoid

• Waiting because you think the marriage must first be registered here. Section 308 recognizes a marriage valid where contracted and does not make registration here a condition of validity.
• Filing before the residency rule is met. A dissolution judgment cannot be entered without it (§ 2320(a)).
• Ignoring an earlier marriage. Section 2201(a) makes the end of any earlier marriage part of the question.
• Translating documents yourself. Court exhibits need a translation certified under oath by a qualified interpreter (rule 3.1110(g)).
• Assuming a divorce in Iran settles things here. Recognition in California is its own question.
• Taking the children abroad once a case is filed. The automatic orders on the Summons bar removing children from California without written consent or a court order (§ 2040).

What to do this week

1. Find your marriage contract and any marriage certificate, and photograph every page.
2. Gather documents showing how any earlier marriage of either spouse ended.
3. Write down the dates you moved to California and to your county, with proof.
4. Arrange certified English translations by a qualified interpreter.
5. List property and debts in every country, and note where your children have lived during the last five years, which the custody declaration asks for (§ 3429(a)).
6. Read about the attorney on the about page.
7. Book a meeting through the contact page and bring the documents.

Frequently asked questions

Do we need to register our Iranian marriage in California?

Section 308 does not make it a condition of validity. Under § 308, a marriage contracted outside California that is valid where contracted is valid here.

Can I divorce in California if my spouse lives in Iran?

Yes, if you meet the residency rule (§ 2320). Serving your spouse abroad and getting orders about support or property need planning, and should be worked out before filing.

Is a religious marriage in Iran recognized?

California looks to whether the marriage was valid where it was contracted (§ 308), and a duly made marriage is not invalidated for not conforming to a religious sect's requirements (§ 420(c)). Whether a particular Iranian marriage was valid under Iranian law is a question for someone qualified in that law.

What if my spouse had another wife?

California treats a later marriage as void if the earlier marriage had not ended, subject to narrow exceptions (§ 2201(a)), and the Court of Appeal applied that rule in Elali to a marriage valid where it was contracted. A court may then consider whether a spouse who believed in good faith that the marriage was valid has putative spouse status.

How long does it take?

Marital status cannot end earlier than six months after service or the other spouse's appearance (§ 2339). Cases with property abroad or a spouse abroad can take longer.

Will the court provide a Persian interpreter?

The Judicial Council's self-help guide says court interpreters are free of charge and must be requested in advance.

The Law Office of Sourena Sarbazevatan represents people in Orange County and San Diego in divorce matters, in English and Persian (Farsi). Call (949) 591-9596 or use the contact page.