Legal Question in Family Law in California

i'm an american citizen living with my husband in india for the past 5 years. his a green card holder. we have 2/ 1.2 yrs old daughter. he wants a divorce. we been married 8 yrs. we got married in las vegas in 2002. where do we file for divorce? since were both residing in india.

what laws apply to us. I was a californa resident before i moved to india.


Asked on 2/20/10, 6:19 am

2 Answers from Attorneys

James Bame San Diego Law Office

If you have been in Indai for less than 6 months and resided in California longer than six months prior to the move to India, then file in California. Contact me directly.

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Answered on 2/25/10, 10:32 am

Barne is, of course, an idiot. You said you have been living in India for five years. So to answer your question, you would have to come back to California, with your child, and live here for a minimum of six months before California would have jurisdiction and California would apply its own laws for the most part. For some aspects of the divorce, however, other laws might apply. This would mostly be property issues regarding property not in California. Those issues would have to be specifically researched as to which law applies.

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Answered on 2/25/10, 10:55 am


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