How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Dimitry K., Esq. Your Own Question

Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38088
Experience:  I provide family and divorce law advice to my clients in my firm.
18572087
Type Your Family Law Question Here...
Dimitry K., Esq. is online now
A new question is answered every 9 seconds

Hi this is probably one for the books but anyway. My fiance

Resolved Question:

Hi this is probably one for the books but anyway. My fiance is British, he moved here to California in March, following a Mexican divorce from his abusive bi-polar ex wife. We married happily and applied for his green card. We have been totally happy for the last eight months but on Friday found out that his ex had the Mexican divorce overturned. Okay that was painful but we stayed calm. However her lawyer in England says she cant accept the new divorce petition out of California because she is not an American lawyer, I dont think thats true but am curious. Also his ex hides from the process server to add insult to injury. There is no custody question and no property to be divided. Why cant he receive a bifurcated divorce what would it take?
Submitted: 1 year ago.
Category: Family Law
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your question.

My apologies but I am somewhat unclear--what specially is the petition for? You mean to refile the petition for divorce in the US?
Customer: replied 1 year ago.

Yes for US immigration they have insisted that the divorce be filed in America, fine I'll do it of course, in fact I have but she wont accept service and neither will her lawyer. I am under threat of deportation I deeply love the American woman I thought I already was married to, she has multiple sclerosis and cant leave America so we must reside here. I need a quick bifurcated divorce, my ex will never agree to any divorce so what do I do?

Customer: replied 1 year ago.

Hi we have attempted to serve her for the new divorce but she evades the server

Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your follow-up.

My apologies on the delayed response, I had an emergency off-site and could not get back until just now. Again, my apologies, kindly permit me to answer your concerns at this time.

The answer the British solicitor provided to you is pure bunk. Accepting service (that is, accepting the documentation) is not the same as actual representation. While a British solicitor cannot represent in a US court unless he has a US state bar license, he can still act as the person's formal representative and agent and accept documentation. That answer that was provided to you is simply not true, at least under US law. It may be true under British law, that I do not know, but it is not true here.

Instead of a bifurcated divorce, if she is evading service it may be wiser to consider filing for a 'default divorce' and ask the judge to grant one after you show that you attempted best efforts to serve and could not find her even over all your reasonable attempts. That may include placing advertisements in local newspapers where she currently is located as a means of finding her, and for this I would recommend that you consider retaining local counsel if at all possible.

Bifurcated divorces are very rare and are generally granted only when parties really cannot agree on finances, not where one is hiding out--for that you need a 'default divorce' if at all possible.

Good luck.

Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 38088
Experience: I provide family and divorce law advice to my clients in my firm.
Dimitry K., Esq. and 10 other Family Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Last | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    8085
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney and Counselor at Law

    Satisfied Customers:

    6424
    27+ years legal experience. I remain current in Family Law through regular continuing education.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Lawyer

    Satisfied Customers:

    6336
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    5987
    I provide family and divorce law advice to my clients in my firm.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    5773
    JD, 15 years legal experience including family law
  • http://ww2.justanswer.com/uploads/BrianTMayer/2010-01-06_200119_BM.jpg Brandon M.'s Avatar

    Brandon M.

    Family Law Attorney

    Satisfied Customers:

    3810
    Attorney experienced in all aspects of family law
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2634
    Attorney