QUESTION
How can I divorce my husband if he lives in another country?
Asked on Aug 16th, 2012 on Divorce - California
More details to this question:
My husband is a citizen of the Philippines. We married in the US & moved to his home country. Since we have been here he has been the most hateful person I have met. He is verbally & mentally abusive to both myself & our 3-year-old daughter. I am planning on going back to the States when I get enough money for a ticket for my daughter & myself. I want to know how I can divorce my husband even if he lives in another country. He is not a US citizen & he can only stay in the Philippines for 6 months before he loses his Green Card so he will not be able to go to any court dates. I would do this here but divorce is not legal.
5 ANSWERS
Family Law Attorney serving Calabasas, CA
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Shulman Family Law Group
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First, you have to establish residency in CA. Six months in the state and three months inthe county of residence. Why not divorce there.
Answered on Aug 22nd, 2012 at 2:35 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Contact a lawyer in the Phillipines to discuss a divorce there. Otherwise you will have to be a California resident for 6 months before filing for divorce.
Answered on Aug 22nd, 2012 at 2:35 AM
Yes you can. There is a provision in California law to serve him by mail in the Philippines. You might need a lawyer to help you with this.
Answered on Aug 22nd, 2012 at 2:35 AM
So long as you can serve him you should be able to file to go forward with a dissolution once you have reestablished residence here. You should consult a family law attorney familiar with international cases.
Answered on Aug 22nd, 2012 at 2:34 AM
If you come here, you can obtain a dissolution of your marriage in California, or any other state in which you choose to live. Child custody jurisdiction is quite different. You may find yourself fighting a child custody case in another country and you should speak with a Philippine lawyer about your ability to remove your daughter from the Philippines without the father's consent.
Answered on Aug 22nd, 2012 at 2:34 AM