The Ninth Circuit has determined that an individual who enters the US on a B-2 visa and overstays the visa may apply for a foreign divorce even if she and her spouse are both residing in California. The court found that federal law prevents a person who overstays a B-2 visa from establishing a lawful domicile in California. As such, the California law that prevents recognition of a foreign divorce when the two parties are domiciled in California was not applicable. The overstayed immigrant could obtain a foreign divorce and be legally free to marry a new spouse in California.
The full text of Park v. Barr can be found here:
http://cdn.ca9.uscourts.gov/datastore/opinions/2020/01/07/18-55914.pdf