Legal Question in Family Law in California

Hi,

I am seeking a divorce from my husband although he is not aware at this time. He has confessed he is unfaithful and will continue to be unfaithful with hookers and with whom he so pleases (as he puts it!) Interesting enough, we have lived for 13 years together of which 10 married and he was able to "contain" his urges while living in the USA because he was "afraid" to go to jail if caught under those "circumstances. I am sharing this information because I have moved with him to Brazil since June and since then he has started this life he says has always been his root (which I was obviously not made aware of until we moved here). I have started talking to lawers here although we were married in the state of Pennsylvania and then the marriage recognized here in Brazil. They have told me the divorce can be done here and later legalized as well in the US. My question is can it be done? Second, we have a home recently bought in the state of California. Part of that house belongs to my daughter who lives in the house and pays for the mortgage. The three of us have equal share on the Deed, however, my daughter is the one taking care of the house, paying the bills and is the responsible party per se. In the case of the divorce, is it possible to transfer the house to her name once she is living there and paying for the mortgage? Since he is being unfaithful, is there anything legally that can help me in this case? I do have proof plus he openly admits to living this way. How can I protect myself in this scenario and keep the house? I only moved out here to be with my husband not knowing I would be humiliated this way - now, I want to go home and I am afraid to lose my house! By the way, my daughter is his step daughter. Please help!

Thanks so much!


Asked on 11/03/09, 3:54 pm

2 Answers from Attorneys

If you want to proceed with the divorce in Brazil, you will have to consult a Brazillian attorney, and it will all be governed by Brazillian law as to the distribution and control of property. If you want U.S. law, specifically California law, to apply, you will have to move here and live here six months before filing for divorce.

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Answered on 11/09/09, 3:57 pm
Tina Chen Law Office of Tina Chen

As for the issue of your husband cheating on you, I'm unsure of what Brazilian law states but California is a no fault state. The fact that your husband cheated on you will bear no weight on the property settlement if you file for divorce in California.

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Answered on 11/12/09, 1:44 pm


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