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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 100052
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Facing divorce summons while on visitor visa ,in case the

Customer Question

Facing divorce summons while on visitor visa ,in case the first petitioning party looses the case due to evidently false accusations,in such a scenario can we file a suit for damages as they have caused me immence economic,educational opportunities as i failed to get education visa,psychological trauma and almost destroying my life by false promises of immigration.How can this huge loss be compenstated?
Submitted: 5 months ago.
Category: Family Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Has your spouse physically or emotionally abused you in any way?

Customer: replied 5 months ago.
not physically but emotionally yes by abusing my parents and relatives.Also he threatened to get me arrested on 91st day as visa finishes.The situation was alarming and as i had no option i agreed to come to Fresno.
Expert:  Ely replied 5 months ago.

Thank you.

I am sorry to say that this would not affect the divorce by much. California ends a marriage based on the marriage being irretrievably broken or that the spouse is incurably insane. While his actions may informally affect division of assets, there is no statutory claim one can make for emotional abuse. I am sorry.

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Customer: replied 5 months ago.
reached india exhausted,tired and fearful and went to live in his grandfathers house.Husband never bought health insurace etc.or spent any money on me.Never opened a bank account in my name.
Expert:  Ely replied 5 months ago.

My answer still is the same, I am afraid. California does not really provide for emotional abuse in divorce. I am sorry.

Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.

Customer: replied 5 months ago.
All i am asking is that if documentary facts prove that he has filed false information in petition like 4 weeks separation period,is giving affidavit of support for immigrant visa approved by USCIS and now in NVC,remained together at weddings and funerals of relatives and friends,using false date of birth to cheat me as well immigration authorities on age and much more so that his petition for divorce becomes a bundle of lies THEN can damages be filed even though he gets divorce.
Expert:  Ely replied 5 months ago.
No, California does not have a fault-based marriage. So while informally the Judge may lean the division of assets and decision of alimony in your favor, formally, there is nothing that can be filed to specifically ask for that relief.
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Expert:  Ely replied 5 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or marked the question positively. I am simply touching base. Let me know. Thanks!

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