Legal Question in Family Law in California

A friend is heading towards divorce. she is 45 - he is 83. They both are Chinese & were married in China, yet he is a US citizen. He wanted "a caretaker" - her 1st husband had recently died frim cancer - she was "distraught" & confused (new beginning). They have been married for 5 years & live in California.

Is Calif law the rule or is China's divorce law what is to be followed?

Thanks


Asked on 5/17/10, 3:14 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

California.

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Answered on 5/22/10, 6:47 pm

Mr. Roach is probably correct, but he has jumped to a conclusion that they live in California. If that assumption is correct, then his answer is correct. Where you marry doesn't matter to U.S. divorce jurisdiction; it's where you live. IF they have lived in California for the last six months, then their divorce will proceed in California under California law (mostly, if assets are held out of state or overseas, some aspects of the law where the assets exist may apply).

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Answered on 5/23/10, 10:19 am


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