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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Family Law
Satisfied Customers: 16630
Experience:  Licensed experienced Attorney
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I am a UK citizen, resident in the USA (California). I came

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I am a UK citizen, resident in the USA (California). I came here on a fiance visa and married my American wife 4 years ago (which is when I took up residence here, moving from the UK). Prior to that we had a long distance relationship/courtship for 5 years, with frequent visits to each other. I have a green card because of our marriage. We both work full-time in California.

18 months ago we separated (I left the home), then we tried living together again a year ago for 3 months, and then separated again (9 months ago I left the home again).

We never grouped our finances. I have savings in the UK and in the US. My wife has savings in the US. During our marriage my wife has earned more money than me. We have no joint credit cards or mortgage or other joint debt. We have no children or dependents. We have a joint bank account for household expenditures and paying rent, we both contribute money (in a roughly equal amount) to that account - it has minimal net value (less than $5k).

I would now like to know our options for divorce and separation of our financial affairs.
Submitted: 5 years ago.
Category: Family Law
Expert:  replied 5 years ago.
Hello. My name is XXXXX XXXXX I will be happy to answer your question.

California is an equitable distribution state when it comes to division of marital property during divorce. Generally any property acquired during the marriage is supposed to be divided equally between the spouses, but the court does have the discretion to divide the property according to what the judge finds to be equitable or fair in a particular situation.

Generally the best way to resolve the division of marital assets in a divorce, is to have both parties reach an agreement, rather than leaving it up to the judge to divide the marital property.

There is a requirement that a full financial disclosure will have to be made by by both party prior to entering in any type of a marital property settlement agreement in order for the court to approve it and for the agreement to be valid and legally sufficient.

I would also strongly suggest that you consult with an experienced family law attorney to draft a Marital Settlement Agreement or if a settlement can not be reached, to represent you in the divorce proceedings in order to protect your legal rights and interests.

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Expert:  Alex J. Esq. replied 5 years ago.
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