Legal Question in Family Law in California
Im in an odd situation. I was born & raised in California. I moved to Oklahoma. My husband and I were married here in California 2007 however reside in Oklahoma. I flew to California for a vacation with our 2 1/2 year old daughter and I am currently pregnant with our second child. We were considering divorce before I left and part of my vacation was to escape his constant mental abuse I've dealt with for over 6 months. Him and his family have constantly called, texted, emailed harassing me while out here and I ended up in pre-term labor on 12/20/11 (we were supposed to fly home 12/24/11) The OB in California doesn't recommend flying until the baby has been born (due 02/08/12) After the abuse from the husband and his family, I now want a divorce. How can I file for a divorce? He is Oklahoma, I am California but not a resident of California for 6 months. Does it matter that we were married in the county I am in this moment? Am I "kidnapping" as he's telling me I am doing? How would I proceed? Added item, he has 2 warrants in the state of California and considered a fugitive (which is why he refuses to come out here even for the birth of his son) All my family and friends are in California and I have zero support in Oklahoma. I am on disability (permanent for mental health reasons which is an added reason I do not want to go back to his abuse) Where do I start? Do I speak with Lawyers in California or Oklahoma? Once the baby is born, am I breaking the law staying here? Im so confused, hormonal and scared. Help me please.
3 Answers from Attorneys
You could file for legal separation and emergency protective orders if your ex is abusive. A legal separation is trumped by a divorce action. Please consult with both an experienced family law attorney in California and Oklahoma explore your legal options.
You have a very complex jurisdictional situation. You need to sit down in person with a California Family Law attorney and go over your facts and options. One thing you do NOT have to worry about, though, is that you are breaking the law by staying in California or are "kidnapping" anyone. Unless you were under an OK court order, or OK has some VERY strange laws that prohibit a parent from taking a child out of state without the other parent's permission, you have done nothing wrong. Your biggest risk is him filing something in OK before you can legally file here. Get a CA attorney on this ASAP and bring in an OK attorney if needed.
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