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socrateaser
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34117
Experience:  Retired (mostly)
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I am seeking legal help and representation regarding a divorce

Resolved Question:

I am seeking legal help and representation regarding a divorce situation. The facts are:
1. My husband and I have been married for 10 years (been together for 12);
2. We were married in Barbados, but we have lived in the United States for the past 8 years: We are inhabitants of California. We have been separated for over 1 year;
3. He filed for divorce in Barbados, and I was served papers on August 9, 2013;
4. I discussed this matter with an attorney while in Barbados (July 29 – August 8). The attorney forcefully stated that I should file for a divorce in California.
5. My specific concerns are:
a. What, if anything, must been done to “counter” the Barbados filing?
b. What must I do to file for divorce with specific stipulations pertaining to:
Child support: We have an 11 year old; I also have an 18 year old (still in high school), who has lived with us since he was 7.
Spousal support: I am a full-time student, employed as a part-time student worker for minimum wage;
Pension: He drives a bus for Metro and is entitled to a pension;
Bank Account: He has several accounts that he has amassed since our married.
Insurance: I would like for me and the boys to remain recipients of his health and dental insurance.
c. What is the most “likely” cost for these actions?
Submitted: 1 year ago.
Category: Family Law
Expert:  socrateaser replied 1 year ago.
Hello,

Under Cal. Family Code 2091, "A divorce obtained in another jurisdiction shall be of no force or effect in this state if both parties to the marriage were domiciled in this state at the time the proceeding for the divorce was commenced."

Based upon your facts, the Barbados divorce filing is not worth the paper it's printed on, and you can completely ignore it -- unless you consent to the Barbados court on the court's record (by personal appearance or in writing.

Hope this helps.
socrateaser, Lawyer
Category: Family Law
Satisfied Customers: 34117
Experience: Retired (mostly)
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