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"Cheat on Petition of Dissolution of Marriage, CA

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getbright

Junior Member
What is the name of your state (only U.S. law)? CA, superior court LA
I was served a petition for dissolution of marriage in Jan. My husband filed it at LA Court. But he didn't serve me with "Summons" page and the marriage date listed on his petition is wrong. We got marriage 9 years ago, but he put on the petition is less than 5 years. Plus, he also wiped out the court name on the documents i was served.
We got married in Los Angeles,CA, registered at LA court and we came back to my country, out side of the US immediately. I haven't visited the US since i got married wiht my husband. We both live out side of the US. He holds the USA paspoort. but he doesn't live in the US for the last 6 months. I don't hold the US passport.
we also didn't have an agreement on the seperation, because he now works in another country. he used to come back to visit us until last year he has an affair.

based on the fact that we didn't live in the CA, and cheat about the marriage date, plus he didn't serve me with proper documents. What should i do?
I understand the 30 days limited time frame for me to response. what is the easiest way to turn down his petition? I don't want a divorce. We all make mistake and i do hope that we should try our best to save this family. because we have a austistic son who is 8 years old and lives with me outside of the US.
any suggesiton for me to end this turmoil is greatly appreciated.What is the name of your state (only U.S. law)?
 


Isis1

Senior Member
What is the name of your state (only U.S. law)? CA, superior court LA
I was served a petition for dissolution of marriage in Jan. My husband filed it at LA Court. But he didn't serve me with "Summons" page and the marriage date listed on his petition is wrong. We got marriage 9 years ago, but he put on the petition is less than 5 years. Plus, he also wiped out the court name on the documents i was served.
We got married in Los Angeles,CA, registered at LA court and we came back to my country, out side of the US immediately. I haven't visited the US since i got married wiht my husband. We both live out side of the US. He holds the USA paspoort. but he doesn't live in the US for the last 6 months. I don't hold the US passport.
we also didn't have an agreement on the seperation, because he now works in another country. he used to come back to visit us until last year he has an affair.

based on the fact that we didn't live in the CA, and cheat about the marriage date, plus he didn't serve me with proper documents. What should i do?
I understand the 30 days limited time frame for me to response. what is the easiest way to turn down his petition? I don't want a divorce. We all make mistake and i do hope that we should try our best to save this family. because we have a austistic son who is 8 years old and lives with me outside of the US.
any suggesiton for me to end this turmoil is greatly appreciated.What is the name of your state (only U.S. law)?
if husband wants a divorce, you do realize he will eventually get it right?

when you respond, contest to the date of marriage. put in the correct date. contest any terms of the marriage you do not agree with and insert your own.

however, if neither of you live in the US, jurisdiction is the problem. where do the two of you live?
 

getbright

Junior Member
he works and lives in china. I am in Taiwan.
basically he 'cheated on the pettition doucument by putting wrong date of marriage to be less than 5 years of marriage. plus we didn't have any agreement about seperation date. plus, he must has also decalre that he lives in the US, but this is not true. Basically, he lies in order to get a divorce.


He went to china to work and didn't come back since spring of 2009. and he emailed me that if i didn't agree to divorce , he will not come back to visit our son.
basically, i needed to spend enormous effort to figure out that i would need to response within 30 days. but what he has don't to me is not fair . It's a dirty game to get his wish. He also didn't want court to set the spousal suppot and no child support.

What he stated on his petition file is not ture and not justice either. I need to protect our son's right and my right.
what should i do?
I was not served with summons nor i asked to sign on any paper to indicate that i was served. this whole thing is strange but appears to be a dirty game that he plays to get his wish. This is like a War. there is no winner in a war that humanity is losing.
 

mistoffolees

Senior Member
We got married in Los Angeles,CA, registered at LA court and we came back to my country, out side of the US immediately. I haven't visited the US since i got married wiht my husband. We both live out side of the US. He holds the USA paspoort. but he doesn't live in the US for the last 6 months. I don't hold the US passport.
we also didn't have an agreement on the seperation, because he now works in another country. he used to come back to visit us until last year he has an affair.

based on the fact that we didn't live in the CA, and cheat about the marriage date, plus he didn't serve me with proper documents. What should i do?
I understand the 30 days limited time frame for me to response. what is the easiest way to turn down his petition? I don't want a divorce. We all make mistake and i do hope that we should try our best to save this family. because we have a austistic son who is 8 years old and lives with me outside of the US.
any suggesiton for me to end this turmoil is greatly appreciated.What is the name of your state (only U.S. law)?
Frankly, I would hire an attorney to handle this. If neither of you lives in the U.S., your attorney should be able to get it thrown out on the basis of jurisdiction issues. However, in all likelihood, he will simply refile somewhere else.

OTOH, alimony in CA is fairly liberal (typically 1/2 to 1/3 the length of the marriage) and I believe that child support will be fairly reasonable, too. If STBX has significant income, you may be better off to not fight the jurisdiction and let the divorce go through in CA (by filing in CA, he is automatically asserting that CA has jurisdiction over him and his assets). You will, however, need to fix the dates.
 

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