Legal Question in Family Law in California

Re: An austalian and american divorce in what state?

If your husband has been in CA for 6 months, file in CA. This is an 8 year marriage and the courts here might grant spousal support (if you are the high wage earner, maybe you want to file in NJ after you've been there the statutory period, whatever that might be).

Based on the bit you stated, in CA your house in Australia would be your separate property.

Re: An austalian and american divorce in what state?

Dear Inquirer:

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If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

If your husband is stably residing in California, it might be best for him to file there. If the house was purchased with funds you had before the marriage, and you can prove it, even a community property state like California will reimburse you for your investment. Of course, it you and your husband can agree on the terms and conditions of your divorce, you can pretty much do whatever you agree to do.

Thanks for sharing your interesting inquiry with

us on LawGuru, and good luck with your case.

Re: An austalian and american divorce in what state?

You can file in the State of California to dissolve the marriage. You may also be able to file in the State of NJ to dissolve the marriage. The real estate in Australia should be divided by Australian law. It is possible that no state in the US has jurisdiction to divide the Australian property, unless you and your husband consent to the sale. Pick a state (I would start with NJ if I were you) and talk to an attorney, providing him all details of where the two of you have lived and get advice concerning the action to file and the relief to be requested. Contact an attorney in Australia concerning the property in that country to see how they handle property purchased during a marriage. Good Luck, Pat McCrary