Lucy or ANY Expert
we had this conversation a while back:
i've been married since august 2010,...
i've been married since august 2010, lived with my wife in california until nov 2011, due to marital problems she left the states and went to Colombia for 1 year and half and came back on july 2013 and been living since that time until now back with me in the states.
We are getting a divorce
butnever legally separated during the time that she left me to go to Colombia.
question # ***** is does the law take into account the time that she left the states for 1 1/2 year or they consider us married for about 5 years which will be this coming august 2015?
we don't have any children, she is lawyer from Colombia but she does not work yet since she finish her masters in december of 2014.
I am the only one that works.
before she left on november 2011 i bought a property which she sign a doc removing herself from the title of that property.
So what is she entitle by law?...
26 January 2015 01:22
26 January 2015 03:14
Lucy, Esq. Lucy, Esq.Family Lawyer
My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear about your situation.
1. California defines the marriage
as the time between when the original ceremony occurs and when the spouses separate with no intention of reconciling. You're not required to have a legal separation
before filing for divorce, however, if she moved back in with you after she returned from Colombia, they'll say you didn't separate with no intent of reconciliation. So, that time will count.
2. She is legally entitled to approximately 1/2 of all property acquired during the five years of the marriage, minus the house that she agreed was your separate property. California would typically not order spousal support
in a situation where you were married for such a short time, however, if you sponsored her for citizenship or permanent residence, there is paperwork in there where you promised to support her if the marriage did not work out. So, the judge could order you to pay because of that promise.
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26 January 2015 07:58
if the judge orders spousal support how much is she entitle to?...
and would it be for 2 1/2 years since in august of 2015 we will be married 5 years?...
26 January 2015 08:05
Lucy, Esq. Lucy, Esq.
We're unfortunately not allowed to calculate spousal support for you. It's usually based on her stated needs and income versus your ability to pay.
If spousal support is based on the Affidavit of Support, then it's not subject to California's ordinary limitations. You should talk to an immigration attorney about exactly what your obligations are.
We are finally getting a divorce after trying to hold on for a while....
I have a question, it turns out that when she left back in Nov 2011 I had gone to a paralegal to file for dissolution of marriage
and she sign those papers in front of the paralegal and the paralegal submitted them to court but i never finalized the divorce...it turns out that the court still has them on hold and supposely now that i want to divorce her all i need to do is sign them and the paralegal will take my sign papers to court and in 4 months i will be divorce...she did not contest within 30 days so now i don't need her to sign another set of papers for my divorce...
So now she wants money and a lot of things but since she sign those papers in Nov 2011 and she did not contest it within the 30 days i can proceed with the whole divorce right?...and once i am divorce in 4 months she can not do anything to hurt me right?....