CA or CT?

[Belle1223]

What is the name of your state? CA or CT
Greetings. In December 2002, I married my husband (in the U.S. on a work visa) at the New Milford, CT courthouse (my family lives in the area). My husband and I lived (in separate homes) in San Diego, California at the time. We soon processed an application for sponsorship in an effort to get a green card for my husband. We decided to move to Florida. My husband moved there to open a business (single member LLC in my name) and I purchased a new home (under construction). I remained in California in order to maintain income with my job. The business failed, my husband became emotionally distant, and our marriage struggled. He has now returned to his homeland for an extended stay. I want to proceed with divorce. I am trying to determine if I should file in California or Connecticut. I have been advised the wait period of time in California is 6 months and Connecticut is only 90 days. Is this true? I am able to petition for divorce in CT? I don't know which way to go... thank you for your advice.

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA or CT
Greetings. In December 2002, I married my husband (in the U.S. on a work visa) at the New Milford, CT courthouse (my family lives in the area). My husband and I lived (in separate homes) in San Diego, California at the time. We soon processed an application for sponsorship in an effort to get a green card for my husband. We decided to move to Florida. My husband moved there to open a business (single member LLC in my name) and I purchased a new home (under construction). I remained in California in order to maintain income with my job. The business failed, my husband became emotionally distant, and our marriage struggled. He has now returned to his homeland for an extended stay. I want to proceed with divorce. I am trying to determine if I should file in California or Connecticut. I have been advised the wait period of time in California is 6 months and Connecticut is only 90 days. Is this true? I am able to petition for divorce in CT? I don't know which way to go... thank you for your advice.

My response:

While it true that the "waiting period" for divorce to become final in California and Connecticut is 180 and 90 days, respectively, you cannot just merely file in any State you want; e.g., file in Connecticut. You're forgetting one, little, detail - - and that's "residency". Before you could file in Connecticut, you'd need to reestablish residency there. But, you've already established residency in California; i.e., 6 months in the State, and 3 months within the same County.

So, your place of filing is in California, and within the County where you live.

IAAL

 

[rmet4nzkx]

If you are a California resident, for 6 months, you file in California, the waiting period is 6 months from the filing date, however you will have to serve your husband with divorce papers, can you do this? What country is he from? If you entered the marriage in good faith but the real purpose of the marriage was for your husband to get a green card, especially since you didn't live together, that is fraud and you would have grounds for an annulment. You will need to contact the INS.

 

[I AM ALWAYS LIABLE]

If you are a California resident, for 6 months, you file in California,

MY RESPONSE: Wrong. We do not know, as of yet, whether she's lived in the same County for 3 months. Reread my initial response.


the waiting period is 6 months from the filing date, however you will have to serve your husband with divorce papers, can you do this?

MY RESPONSE: Wrong. She doesn't know for a fact where he is. She only knows based upon what he has "told" her. For all she knows, he's still living next door to her in California. All she needs to do is have the Summons published, by court order, in a newspaper of general circulation in the city where she KNEW he was last living. And, for all we know, that could be in California, or in some county in Florida. But that's it.



What country is he from? If you entered the marriage in good faith but the real purpose of the marriage was for your husband to get a green card, especially since you didn't live together, that is fraud and you would have grounds for an annulment. You will need to contact the INS.

MY RESPONSE: Oh, please. You're directing our writer to "open up a can of worms." Besides, she may be a part of the "fraud", and you cannot take advantage of your own fraud.

Keep it simple. Just file in California.


IAAL

 

[rmet4nzkx]

If you are a California resident, for 6 months, you file in California,

MY RESPONSE: Wrong. We do not know, as of yet, whether she's lived in the same County for 3 months. Reread my initial response.


the waiting period is 6 months from the filing date, however you will have to serve your husband with divorce papers, can you do this?

MY RESPONSE: Wrong. She doesn't know for a fact where he is. She only knows based upon what he has "told" her. For all she knows, he's still living next door to her in California. All she needs to do is have the Summons published, by court order, in a newspaper of general circulation in the city where she KNEW he was last living. And, for all we know, that could be in California, or in some county in Florida. But that's it.



What country is he from? If you entered the marriage in good faith but the real purpose of the marriage was for your husband to get a green card, especially since you didn't live together, that is fraud and you would have grounds for an annulment. You will need to contact the INS.

MY RESPONSE: Oh, please. You're directing our writer to "open up a can of worms." Besides, she may be a part of the "fraud", and you cannot take advantage of your own fraud.

Keep it simple. Just file in California.


IAAL

I'm assuming that she is still a resident of San Diego Co since she said, "My husband and I lived (in separate homes) in San Diego, California at the time. We soon processed an application for sponsorship in an effort to get a green card for my husband. We decided to move to Florida. My husband moved there to open a business (single member LLC in my name) and I purchased a new home (under construction). I remained in California in order to maintain income with my job. Therefore she should be able to file in California, now.

The fact that she doesn't know where he is, is why I asked if she knew, so she wouldn't waste her time serivng him and to do as you suggested. I'm curious where this jerk is from.

Insofar as fruad, I know it is opening a can of worms, but it does appear that she is the victim of fraud and that more than likely he left the country for reasons other than business failure or depression she just doesn't know everything yet. I would say to file for divorce and contact the INS so this predator doesn't enter this country again.



YOu mean we can't stake him out in the noonday sun, cover him with honey and let loose a colony of fire ants

 

[Belle1223]

Additional information:
I remain a resident in San Diego. I close on the new house in Florida (in my name alone) at the end of this month. I won't relocate to Florida until March. I know that he is at his parent's home because we have spoken by phone. We married because of being in love (or that was my perception at the time)- the added benefit of giving him the opportunity to pursue his green card was secondary. I don't know where th truth lies anymore- I just need to move past this nightmare. What are the parameters for asking for an annulment? What would have to be the grounds for going in that direction?

 

[rmet4nzkx]

Please consult a family law attorney, you may have property issues even though everything is in your name and if you are still planning on moving to FL in 2 months that only complicates it more however the attorney can sit down with you to decide the best course, is your husband agreeable to end the marriage?

 

[I AM ALWAYS LIABLE]

is your husband agreeable to end the marriage?

My response:

What is the legal relevance of that question?

IAAL

 

[rmet4nzkx]

My response:

What is the legal relevance of that question?

IAAL

I thought that if he was agreeable and if they qualified that they might qualify for a summary dissolution, that might be the quickest way out of this and easier than annulment or standard divorce? http://www.courtinfo.ca.gov/selfhelp/family/divorce/qualify.htm

 

[I AM ALWAYS LIABLE]

I thought that if he was agreeable and if they qualified that they might qualify for a summary dissolution, that might be the quickest way out of this and easier than annulment or standard divorce? http://www.courtinfo.ca.gov/selfhelp/family/divorce/qualify.htm

My response:

Oh, God . . . You have got to stop giving advice, and "hope" where none exists.

First, the guy is NOT in the State of California. Ergo, California has no jurisdiction over him.

Second, and this is the big one, remember when our writer stated that he started an LLC in Florida that went belly up? The DEBTS probably far exceed the $5,000.00 threshold!

She doesn't qualify for an annulment under California law.

Writer - - just file for a Dissolution!

IAAL

 

[rmet4nzkx]

My response:

Oh, God . . . You have got to stop giving advice, and "hope" where none exists.

First, the guy is NOT in the State of California. Ergo, California has no jurisdiction over him.

Second, and this is the big one, remember when our writer stated that he started an LLC in Florida that went belly up? The DEBTS probably far exceed the $5,000.00 threshold!

She doesn't qualify for an annulment under California law.

Writer - - just file for a Dissolution!

IAAL

Hey I was only answering your question. LOL. They have never comingled money or lived together, everything in her name, I can see why venue is important and when and where she files. Now if she is closing on a house in FL the end of this month and moving there in less than 2 months, she either needs to file in the next week in California or wait and do it in Florida.

Might she be better off establishing residency in FL, her husbands residency would have counted until he left the country, or would the business in her name in Florida qualify? Would divorce be better in a community property state like California or in an equitable distribution state, like Florida? While most likely she don't qualify for summary dissolution in California, she might qualify for the simplified dissolution of marriage available in Florida which only requires that they reach a mutual agrreement on the distribution of assets and debts and if that isnt an option, dissolution in Florida may still be to her advantage and less messy to reach a settlement? That's why I suggested she consult an attorney to look at the options. I only asked the question, I didn't want to go into a long discussion of the options.

 

[Belle1223]

Further information:
The business was in my name as a single member LLC. From Nov 2003 - Nov 2004, he rented a studio apartment which I paid for, obtained his Floriday driver license and was a member of the community. I technically had a "residence" there (in Florida) under construction throughout that entire time and will close on the permanent loan now that the house complete, next week. I heard from a CT attorney who said that it would not be impossible to file there- especially since my husband and I did not share residency in CA. The CT attorney suggested that filing in CT would better protect my assets (i.e. the house) which is fully in my name and financed by me. Lastly, I funded the belly up business and took a steep financial loss when he decided it wasn't what he wanted to do anymore. I meet with Immigration next week to withdraw my sponsorship- one attorney suggested that an annulment was possible if he entered into the marriage fraudulently. I don't know if that's true. Mostly, I need to determine the best state to file for divorce. Thank you for your feedback and recommendations.

 

[rmet4nzkx]

When you consulted the CT attorney did you consider FL, because that is an equatible distribution state and you are a resident there? It may be better if you are moving there as well. Annulment is a possibility while it is a possibility but likely to be as expensive and take longer than divorce. Simplified dissolution of marriage available in Florida which only requires that you and your husband reach a mutual agrreement on the distribution of assets and debts is an option if you can reach him. You might want to consult with a FL attorney.