Legal Question in Family Law in California

Non-residents filing for divorce from overseas.

Both my spouse and I are Malaysian Citizens. We were married in the Los Angeles County Court, California in 1990 while studying on a foreign student visas. We are both now living in Malaysia and have been since our return in 1992. I have been separated from him for approx 4 years now. I have not been in contact with him for years now and I am wanting to resolve our marriage by filing for a divorce.

Neither one of us have been back to the states since 1992, can I still file for a divorce?

Do I need to travel back to california to proceed with filing for divorce?

Am I able to do this while on a tourist visa? How long will the process take?

Is Bigamy a Criminal Offence? What are the maximum charges for this offense in the State of California?

How much would legal representation amount to? How do I go about engaging a lawyer in California from Malaysia?

Please advise.


Asked on 9/30/03, 12:26 am

5 Answers from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Non-residents filing for divorce from overseas.

Let me take it one small step further. As stated, you cannot get divorced in California because neither of you are residents. But, you can get divorced anywhere that allows divorces, including Malaysians. And, since you don't live in the US and are not American citizens, you are not subject to US criminal laws, such as bigamy, unless your conduct is committed in the US or causes criminal results in the US.

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Answered on 10/01/03, 6:58 am
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Non-residents filing for divorce from overseas.

Typo correction: I meant to say "including Malaya", NOT "including Malaysians".

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Answered on 10/01/03, 7:50 am
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Non-residents filing for divorce from overseas.

Since you no longer reside in California, you can not file for dissolution of marriage in California. I suggest that you consult in Malasia to determine your options.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 9/30/03, 10:29 am
Donald Holben Donald R. Holben & Associates, APC

Re: Non-residents filing for divorce from overseas.

You must address Malaysian law at this point and be guided by their rules/laws.

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Answered on 9/30/03, 11:49 am
H.M. Torrey The Law Offices of H.M. Torrey

Re: Non-residents filing for divorce from overseas.

you have far too many questions to adequately answer in this brief forum. however,if you would like a free consultation, feel free to email me directly with your factual circumstances and specific questions you have, as well as your contact information.

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Answered on 9/30/03, 1:06 am


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