N. Carolina to California divorce

What is the name of your state (only U.S. law)? California
My son and his wife have waited 1 year (being legally separated in N. Carolina since last June. If they apply for divorce here in Calif (where they both now reside (separately), will they have to wait the 6 mos. that Calif. makes you wait before they can actually terminate the marriage?

tinamnunes said:

What is the name of your state (only U.S. law)? California
My son and his wife have waited 1 year (being legally separated in N. Carolina since last June. If they apply for divorce here in Calif (where they both now reside (separately), will they have to wait the 6 mos. that Calif. makes you wait before they can actually terminate the marriage?

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I know you got the advice in the other thread that you had to file in CA (there is no need to close a thread to ask a new question). The main issue is one of residence. If his home is in NC but he is temporarily stationed in CA, then he should file in NC. I would suggest that he talk to his legal representative to see if that's good advice.

Aside from the timing issue, there may be other good reasons to file in NC. The main one is that CA is very generous with alimony (sometimes awarding it even in a short term marriage) and if he's the higher earning spouse, it may be very expensive to file in CA.

Calif. expensive to file

Thanks, i guess i will have to tell my son to talk w/the free army consultants as neither of them had an attorney. They already had split their assets and sold their house and in the aggreement they also split the profit (sold in NC).

This should be his permanent residence (at least for the next 3 years). Who knows after that.

Do you think that they can make him pay more to her after they have already divided assets?

On another matter - is this the way i reply without starting a new post (as this is all new to me)

tinamnunes said:

Thanks, i guess i will have to tell my son to talk w/the free army consultants as neither of them had an attorney. They already had split their assets and sold their house and in the aggreement they also split the profit (sold in NC).

This should be his permanent residence (at least for the next 3 years). Who knows after that.

Do you think that they can make him pay more to her after they have already divided assets?

On another matter - is this the way i reply without starting a new post (as this is all new to me)

Click to expand...

Yes, this is the correct way to do it.

Yes, CA can make him pay alimony (if he has the higher income) even though they've already divided assets. Assets and spousal support are two separate issues.

Don't be so quick to assume that this is his permanent residence. If he's there on an army base, he may be able to make the case that it's temporary. The legal advisor can tell him.

Or, if he and his stbx are earning fairly similar amounts of money, it may not be a big deal and he may want to file in CA, anyway (or if he's making less than her!).