Legal Question in Family Law in California

I want to legally separate from my husband from France.

Hi, I have been married for 5 years and 2 months and went to see my family in France in April of this year. During this time I discovered my husband had a bunch of extra marital affairs and I did not have the heart to take my plane back to Los Angeles. I never want to se him again but I need some help for a legal separation. I have to add that my husband had problems with alcohol and was barely working and that all the items we have in the appartment where he is living still have been paid by me as well as all the rents/dwp/gas/ etc....have always been paid by my personal checks. I am afraid he will sell all my itmes and even apply for credit cards on my name as he has all my personal information. I also have jewelry form my grndmother that I absolutely want back. What is the best advice I can get to get a fair legal separation?? Can I just send a moving company over there and have all my itmes shipped back to me in Paris where I am now ??

Thank you so much.


Asked on 6/01/06, 5:13 pm

1 Answer from Attorneys

Norman Gregory Fernandez, Esq. The Law Offices of Norman Gregory Fernandez & Associates

Re: I want to legally separate from my husband from France.

To divorce you will need to show that you have been a resident of California for the past 6 months, and a resident of the County in which you file for the past 3 months. For Legal seperation you just need to show that you are a resident of the County. If you are not in this country living in California, than you probably will not be successful. Secondly if your husband opposes the Legal Seperation than it will not be granted either. You would need to come back if you want to do the divorce under California Jurisdiction. From your question it appears that you have been gone for two months. You could file for Divorce in France under their laws if you do not want to come back.

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Answered on 6/01/06, 11:02 pm


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