Divorce

[pat240307]

What is the name of your state (only U.S. law)? California

We were married in India. He is a US citizen and I am a green card holder since I came to US in Aug 2007. We live in CA but our marriage is not registered in CA or any other state in US. We have hit the rocks now and are on the verge of breaking up. My parents and my side of the family has given me a lot of gold during our wedding and his side of the family gave some gold too as per the Indian custom. I'm aware that both the husband and wife are eligible to equal amount of share in case of a divorce in CA. But does this rule apply even if our marriage is not registered in this state? Also, can he claim to have any share in the gold I was gifted during the wedding? I'm not interested in his property (not that he owns a house yet) but his savings or alimony. I just want to walk away clean with just my stuff that I got with me when I came to the US and not look back. Also, I'm 5 months pregnant now. Does this complicate the matter further?

Please help me. Thanks.

 

[CourtClerk]

What is the name of your state (only U.S. law)? California

We were married in India. He is a US citizen and I am a green card holder since I came to US in Aug 2007.

Welcome to CA and the US!

We live in CA but our marriage is not registered in CA or any other state in US.

You don't need to REGISTER is, if it is a valid marriage (which it is), then it is recognized in all the states.

We have hit the rocks now and are on the verge of breaking up.

Sorry to hear that.

My parents and my side of the family has given me a lot of gold during our wedding and his side of the family gave some gold too as per the Indian custom.

Correction: your parents and his parents gave BOTH OF YOU gold as per Indian custom (and community property laws of CA).

I'm aware that both the husband and wife are eligible to equal amount of share in case of a divorce in CA. But does this rule apply even if our marriage is not registered in this state?

You're living here as a married couple, yes, the rule applies.

Also, can he claim to have any share in the gold I was gifted during the wedding?

As far as CA is concerned, both of you were gifted the gold, so yes, it belongs to both of you.

I'm not interested in his property (not that he owns a house yet) but his savings or alimony.

Remember you said this when you fill out the divorce petition. There is a spot on the forms where you can forever give up your right to spousal support. Be sure to check it, then he will not have to give it to you, and you won't have to take it.

I just want to walk away clean with just my stuff that I got with me when I came to the US and not look back.

You are free to take your stuff that you had PRIOR to the marriage, and not look back. He'll be happy to have the marital property I'm sure. However, that doesn't free you from splitting the marital debt, which you are 50% responsible for.

Also, I'm 5 months pregnant now. Does this complicate the matter further?

Complicate it how? You two will have to have a custody agreement in effect for the child. Depending on who the custodial parent will be, one of you may have to pay child support. He will probably be required to continue medical insurance on you until the birth of the child.

 

[CourtClerk]

One more thing... how long have you lived in California? And how long have you lived in the county you lived in?

 

[mistoffolees]

Interesting that while it is impossible to get a divorce while pregnant in many states, California allows it.

http://articles.latimes.com/2005/apr/15/nation/na-divorce15

 

[LdiJ]

I am perhaps going to disagree slightly with OG about the gold. My suspicion is that its gold jewerly, and that is a personal gift, and personal gifts are not marital property.

 

[pat240307]

I came to the US in August 2007 first to Fremont, CA and then we moved to the Orange county, Buena Park, CA in Dec 2007.
Yes the gold jewellery is a personal gift to us from our respective families.

 

[CourtClerk]

Interesting that while it is impossible to get a divorce while pregnant in many states, California allows it.

http://articles.latimes.com/2005/apr/15/nation/na-divorce15

We sure do. We don't want anyone married any longer than they want to be (besides the 6 month and 1 day waiting period to finalization)