Legal Question in Family Law in California
Legal Separation obtained in Spain, Possible Divorce in CA.
I am spanish citizen. My ex is American/Spanish citizen. Both have lived in Spain for +20y. Got married here 13y.ago. Legally separated Spanish Law, Jan01. Spanish Law requires at least 1 year legal separation before filing for divorce. Although separation by ''mutual consent'' everything was very troublesome,lots of problems regarding money/2children (age 8 and 5), he threats taking children to US,not leting me see them again (I have fisical custody and he gets to be with them every other weekend and half holidays).He seems to suffer from paranoic psicosis disorder, goes into useless endless legal battles all the time. He is telling me that since we are legally separated he can file for divorce in the US (California) and get a divorce in a week? Is this true? He has not lived there for a long time.I want to get my divorce in Spain. Our marital society has ended but has not yet been divided? How would I be informed, given a chance to defend myself? What can I do to have my matrimony and legal separation be somehow ''registered'' in the US? How can I have my rights about the children protected while they stay in the US during this summer? How can I have the mutual consent agreement be recognized by US authorities?
2 Answers from Attorneys
Re: Legal Separation obtained in Spain, Possible Divorce in CA.
California has a 6 month residency requirement. He must be a resident of the state of California for at least 6 months before he can file a petiton for divorce. Six months after the petition to dissovle the marriage is served on you is the earliest that he can obtain a judgment dissolve themarriage.
Assuming that he filed for a divorce in California, the court would have jurisdiction over only the marriage and could dissolve it. The court would not have jurisdiction over the children, you or the property located in Spain.
He is probably trying to harrass you with these threats.
Re: Legal Separation obtained in Spain, Possible Divorce in CA.
I agree with the information provided to you by Mr. Johnson. I would also point out that, if he files in CA, you could have counsel here move to quash summons based upon the pending divorce action in Spain.
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