Legal Question in Family Law in California
I am an Indian women married to US citizen .My husband deserted me and ran away to US after 10 months.We have a baby as well from the marriage.He never sponsor me for USA .Now i want to take my rights as a wife and also for my baby. My question is -If i go to USA on visitor visa and put a case on him for alimony and support-how much time it will take .Do i have to stay there for few months and only then USA law willl be applicable to me as i am not a US citizen but citizen of India but also married to US citizen and have his baby.
Please advice me and i will be very thankful to you.
1 Answer from Attorneys
A divorce case in California takes a minimum of six months by law. In reality it usually takes up to a year, sometimes more, sometimes less, depending on how actively the parties push it to a conclusion. However, there is no reason you would need to be here for that time. If your husband has been in California for six months, the California courts have jurisdiction over him, which gives you the right to proceed against him here. If he wanted to start a divorce against you in California he would have a problem, but because he is here, you are free to start a divorce against him here. You would only need to come to the U.S. for a short time, maybe a week at most, once or twice for custody proceedings and a trial if necessary. There might be one or two more trips needed, depending on the details of the case, but generally your attorney in California can do everything, and you just need to be able to respond by email, phone and fax to requests for information and things you need to sign.