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My question involves divorce in the State of: I think California or the country Mexic

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My question involves divorce in the State of: I think California or the country Mexico. My husband served in the Air Force we were married 11 years. He left for Norway I could
not go. When he came to visit he showed me some divorce papers that I remember seeing the words California on them or Mexico. Any way I never signed anything. Never received any documents. He didn"t split anything with me, I never received nothing. What am I entitled to and am i really divorced ? He remarried. He"s probably retired now. This happened back in 1999 or 2000. Is there a statue of limitations ? Married in New York City
Submitted: 3 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 3 years ago.
At least in California you can't get divorced without being personally served a copy of the divorce papers. The divorce would have been filed in the county and state where he was a resident for at least six months and three months in that county. Unfortunately that means you will need to find out where he was at the time of 1999 or 2000 to call the appropriate county superior court. The other option would be to call all county superior courts in California to search for the information. Unfortunately there is no single database where you can search for this information. Below is the link to all superior courts of California.

http://www.courtinfo.ca.gov/courts/find.htm



As to Mexican divorce you would also need to be served. Typically the Mexican divorce document would have to be registered in the U.S. before the person can remarry, so you may have to check the marriage records in the county/state where he may have married.

Since he was in the air force at the time you may want to check with their legal department to see if they helped him with the paperwork as they may have records.

The statute of limitations would depend on the grounds you would raise. They are as follows:


a) Actual fraud: within one year after the date when the aggrieved party discovered, or should have discovered the fraud;

b) Perjury in Disclosure Document(s): within one year after the date the aggrieved party discovered, or should have discovered the perjury;

c) Duress: within two years after the date of entry of judgment;

d) Mental Incapacity: within two years after the date of entry of judgment;

e) Mistake as to a stipulated or uncontested judgment stipulated by mistake of fact or law, mutual or unilateral: within one year after the date of entry of judgment; and

f) Failure to comply with the disclosure requirements: within one year after the date on which the aggrieved party discovered or should have discovered the failure to comply.


For Mexico, I have no idea what the statute of limitations is.

You would have been entitled to a share of all marital property including sharing marital debts, possibly spousal support and child support if there are minor children from the marriage.





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_______________________________________________

Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is also limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 3 years ago.
What about retirement,spousal support and SSI ? No children.
Expert:  Attorney & Mediator replied 3 years ago.
What about retirement,spousal support and SSI ? No children.

If retirement benefits was obtained during the marriage it would be considered marital property. Spousal support is only awarded if you were financially dependent on him to sustain a standard of living you were accustomed to during the marriage and you cannot now meet that standard without his support.

As to SSI, you are entitled to at least 50% of his SSI if you were married at least 10 years when the divorce was obtained and you are not remarried.



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Please Note: JustAnswer.com is a public forum. JustAnswer.com is not a law firm. JustAnswer.com is only a question and answer site. Asking a question does not create an attorney-client relationship nor is your question protected under the attorney-client privilege. An attorney-client relationship is established when you enter into written contract for representation and pay a retainer directly with the attorney or attorney’s firm.

JustAnswer.com uses the term “Expert”. I do not hold myself as an expert when I answer your questions. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given.

My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

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