Can a LA residence petition for dissolution of marriage?

[getbright]

What is the name of your state (only U.S. law)? CA
Can a marriage out side of the US success with the petition for dissolution of marriage?
My husband and I got marriage in Los Angeles but we came back to China with the same month we got marriage in 2002. both our son 8 years old now and I never visited the US since 2002. My husband and I live in China. My husband visits LA once a year or twice because his mother lives in LA . My huband pay tax to California and he also owns the apartment which his mom lives now in LA. My husband wants a divorce. Could any one kindly let me know if the superior court of Los Angeles has the Jurisdiction for the dissolution of marriage?
thanks a lot

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA
Can a marriage out side of the US success with the petition for dissolution of marriage?
My husband and I got marriage in Los Angeles but we came back to China with the same month we got marriage in 2002. both our son 8 years old now and I never visited the US since 2002. My husband and I live in China. My husband visits LA once a year or twice because his mother lives in LA . My huband pay tax to California and he also owns the apartment which his mom lives now in LA. My husband wants a divorce. Could any one kindly let me know if the superior court of Los Angeles has the Jurisdiction for the dissolution of marriage?
thanks a lot

He can divorced possibly but China has jurisdiction over child custody. How is he paying taxes to California? What type of taxes?

 

[mistoffolees]

He can divorced possibly but China has jurisdiction over child custody. How is he paying taxes to California? What type of taxes?

I'm not sure that he could claim residency in CA. OP says that he only visits once a year. In CA, he must be a resident for 6 months prior to filing. I don't think an annual visit would apply. The fact that he owns property there isn't sufficient.

And, of course, even if he could file there, the CA court would have no jurisdiction over child custody or any property in China.

 

[Ohiogal]

I'm not sure that he could claim residency in CA. OP says that he only visits once a year. In CA, he must be a resident for 6 months prior to filing. I don't think an annual visit would apply. The fact that he owns property there isn't sufficient.

And, of course, even if he could file there, the CA court would have no jurisdiction over child custody or any property in China.

The issue that could lead to residency is WHY is he in China? Is it military -- doubt it but could be wrong. Also he files CA taxes and owns property so maybe he kept his residency? The court would have jurisdiction over the property in CA if he qualifies to file for divorce -- but the court would not have jurisdiction over custody.

 

[xylene]

What is the name of your state (only U.S. law)? CA
Can a marriage out side of the US success with the petition for dissolution of marriage?
My husband and I got marriage in Los Angeles but we came back to China with the same month we got marriage in 2002. both our son 8 years old now and I never visited the US since 2002. My husband and I live in China. My husband visits LA once a year or twice because his mother lives in LA . My huband pay tax to California and he also owns the apartment which his mom lives now in LA. My husband wants a divorce. Could any one kindly let me know if the superior court of Los Angeles has the Jurisdiction for the dissolution of marriage?
thanks a lot

If you believe your husband is planning to file for divorce in California, to somehow garner some advantage...

well you should begin to consider and recognize the signs that your marriage may be over no matter what and you should consider initiating divorce yourself, in China. Of course on this board we have no advice to give as to the legal procedures involved.

 

[getbright]

he works in china

thanks so much for the above reply. my husband and i met in china. and he came to live with me since 1996. I don't have the US passport. my monthly income is 1/3 of my husband income. he took a Sales Director in China for high tech company, headquartere in San Diego since 2008. He admitted he had an afair in the last quarter of 2008 and he requested me to have a divorce. he pays Tax i only got a copy of his 2003 tax record- Form 1040, IRS, which he forget to take it with him when he moved out our apartment in spring 2009. He said if i didn't sign divorce, he wouldn't come home to visit our 8 years old son. our son misses him very much everyday.

I worry that he will file the petition although he didn't live in Los angeles . because he works in China region since 1996.
Could i get alimony and request him to provide sufficient living support for my son who is diagonosied Autism, ADHD and Eplipsy since at age 3, althougt the LA court doesn't have the jurrisdiction since our son lives with me , never visited the US. but our son has a US passport becuase my husband holds US passport.
My son lives with me and he needs to attend many theraphy and requires special effort to help with his delay development.
this is my story and i also understand that many 'foreigners' come to work in China and end up to have affairs. This is a global emerging market and also creating many problems for families.

 

[getbright]

btw, i don't have a US passport. could i get alimony in LA?

any input is greatly apprecated. thanks so much...

 

[LdiJ]

He can divorced possibly but China has jurisdiction over child custody. How is he paying taxes to California? What type of taxes?

Apparently he is a US citizen or green card holder. A US citizen or green card holder must pay tax federal income tax on their worldwide earnings, but receives credit for taxes paid to other countries.

However, if he has been paying California state income taxes while residing in China, that's just plain foolish.

The only way that I could see that happening is if 1) the company he works for is a US company and insists on withholding state taxes even if their employee lives abroad (I have seen that happen) and then the CA refuses to treat the income as not CA income, or 2) He has some "out there" reason for trying to show he has CA residency, "out there" enough that he is willing to waste a lot of money doing so.

 

[Ohiogal]

When he moved out where did he move to? In whose name is the house deed in California? Does he just travel to China? From where is his driver's license? Is he registered to vote in CA?

China however would STILL have jurisdiction over CUSTODY and property located in China. CA could issue a divorce however depending.

 

[getbright]

could i get alimony to conver my special disable kid needs and my living

it's strange to me that if LA law can let my husband succeed with his petition for divorce. My son and i never visited the US, could i get alimony to cover my special disable kid needs and my living? My son is 8 and receiving special education and therapy. Taking care of special kid is 'expensive" in order to enhance his abilities because of his development delay. I do need his finance support. his company pays him and offer stocks, plus he has some saving account and owns a house in LA which his mom lives now.



could i file a petition to LA court to ask for alimony to cover my sun's needs and ask for court to settle his property? how is the chance for me to get alimony?

It's not fair to me that the court can have jurisdiction for his divorce, but not considering that our son is living with me outside of the US. I need his finance support for my living. My salary is about 1/4 of his income.

this is a very stressful situation for me now. With my broken English and not living in the US but i need to get prepared for the court.

Please kindly provide your input. thanks

 

[HoustonLawyer]

This action can be filed by a married person to end the marital relationship between a husband and wife. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.

 

[LdiJ]

This action can be filed by a married person to end the marital relationship between a husband and wife. Along with restoring the parties to single status, the Court will issue orders for custody and visitation of the minor children of the marriage, child support, spousal support, and confirm or divide community and separate property assets and debts.

Pardon me, but I don't think you read the thread very carefully. The mother and child are residents of China, and therefore the US courts have no jurisdiction over child custody or visitation. Nor would the US courts have any jurisdiction over assets located in China.

 

[getbright]

terrible law?

since my son and i never visit the US. if LA court let my husband petition for divorce succeed and the LA court has no jursidiction about child costody, would i file for sufficient alimony for my special severe disable kid and me?
In fact my son did applied a passport of US but it was expired. my son didn't use the passport at all. myself holds China passport only. I am just not confortable if the court let my husband succeeds with his petition for dissolution of marriage, what's my basic living support? it's so bizarre to me.
please kindly provid input about the followings:
1. my husband holds the US passport, but lives in Asia for work, since 15 years ago. he still renew california driving license and pay IRS 1040 tax every year. On his tax form, he put his adress in China not the LA address.
2. Obviously he didn't live in LA , only visit the headquarterd company about one or two weeks every year. but he owns a house in LA. could LA court accept him to be a LA residence?
3. my son never visited the US althought my husband ever applied a USA passport for my son. my son never uses the passport and the passport was expired last year. My husband left us one year ago and threaten me that if i don't divorce with him, he wouldn't come home to visit our son. Therefore my husband doesn't have my son's recent photo for renewing a new USA passport for my son. Could i file for child support? if no, could i file for alimony to support my son and my living needs?

thanks for all of valuable input.
I would need to consider if i should file an action at China court accordingly.

 

[LdiJ]

since my son and i never visit the US. if LA court let my husband petition for divorce succeed and the LA court has no jursidiction about child costody, would i file for sufficient alimony for my special severe disable kid and me?
In fact my son did applied a passport of US but it was expired. my son didn't use the passport at all. myself holds China passport only. I am just not confortable if the court let my husband succeeds with his petition for dissolution of marriage, what's my basic living support? it's so bizarre to me.
please kindly provid input about the followings:
1. my husband holds the US passport, but lives in Asia for work, since 15 years ago. he still renew california driving license and pay IRS 1040 tax every year. On his tax form, he put his adress in China not the LA address.
2. Obviously he didn't live in LA , only visit the headquarterd company about one or two weeks every year. but he owns a house in LA. could LA court accept him to be a LA residence?
3. my son never visited the US althought my husband ever applied a USA passport for my son. my son never uses the passport and the passport was expired last year. My husband left us one year ago and threaten me that if i don't divorce with him, he wouldn't come home to visit our son. Therefore my husband doesn't have my son's recent photo for renewing a new USA passport for my son. Could i file for child support? if no, could i file for alimony to support my son and my living needs?

thanks for all of valuable input.
I would need to consider if i should file an action at China court accordingly.

It would probably be in your best interest to file an action in the courts in China.