Legal Question in Family Law in California

Divorce in the US & CA when living in another country?
My brother Dave lives and works in Korea and has for the last 8 years. He pays Korean taxes and gets paid in Korean money. He married a Korean woman and got her a Green card in the US. They married in Korea and lived there a year and then moved to the US to try and make it work here. They lived in CA for 3 yrs. They returned to Korea and have lived there since for the last 8 years. My brother obviously is the US citizen and his wife now the green card holder. She came here on a vacation to validate her green card again this year as she does each year. They have two boys and her idea was to have the oldest go to 1st grade here for a few months to learn better English and then return to Korea. She and my nephews lived with my parents for a few months and then she was to return back. She informed my brother and our parents that she planned all this and would not return to Korea and wants a divorce. Bottom line: She has now stayed in CA for 5 months. My brother needs to know if they were married in Korea and live and work in Korea, will a Korean law divorce be sufficient? Or, does she have the ability to file in CA and will he need a second divorce in the US. He has not paid US taxes in 8 yrs as he pays Korean taxes.

Asked on 7/25/08, 12:44 pm

Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

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Re: Divorce in the US & CA when living in another country?

Korea divorce will be recognized in CA.

Answered on 7/26/08, 2:03 pm

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