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Lucy or ANY Expert we had this conversation a while back:

Customer Question
Lucy or ANY Expert we had...
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?...
thanks
Carlos
26 January 2015 01:22
26 January 2015 03:14
Lucy, Esq. Lucy, Esq.
Family Lawyer
Hi,
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.
If you have any questions or concerns about what I've written, please reply without rating so I may address them. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively to redirect a portion of the payment you have already made so I am paid for the time I spend answering questions. There is no charge for follow-up questions. Thank you.
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?...
thanks
26 January 2015 08:05
Lucy, Esq. Lucy, Esq.
Family Lawyer
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?....
please advise...
thanks
Submitted: 1 year ago.Category: Family Law
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