A little complicated

[Medusee]

What is the name of your state? California

At this time I both live in Switzerland and France. My legal residence is in France and my husband is living in Switzerland. We are both american and our legal residence in the US is California. The reason for this is that we both work for the United Nations and we are considered Ex-pats.
My husband has taken off with another women and moved out of our house in June 2005. At that time I started divorce proceding against him in France. My future ex-husband immediately emptied all of our bank accounts and took all the money and put it in his personal bank accounts in the US. I actually know the bank acct numbers and banks, one of the banks is in New York, and others are E-Trade, Gabelli Funds and BA in California. Of course half of that money is mine. My lawyer has summoned the other party to produce the bank statement unfortunately if he does not produce these accounts the french courts cannot do much to get this information out of him. If I don't get some kind of proof that all that money is in the US he is going to get away with all the money that we saved together 50/50 for 15 years! I don't care about spousal support but I do want my share of what he has stolen from me back! It is not a small amount and he has left me with 2 children and completely destitue right now when we had more than $500,000.- saved up for our retirement.

What can I do? Is there some sort of procedure I could file via mail with the California courts to force him to disclose everything he is trying to hide from me in the US?
HELPPPPPPPWhat is the name of your state?

 

[SHORTY LONG]

Ask your Lawyer if he can put some sort of lien on the Bank Account, other than that, would be for you to travel to California
with the Police with you, and do what is legal to do! I do think that there is a jurisdiction hurdle that you somehow must
overcome in order for any type of US Law to have any teeth to bite him with. There again, speak with your Lawyer on the matter.

 

[Medusee]

My lawyer doesn't give a hoot! about my money! Lawyers here are not very helpful, they are not paid on results but on hours worked. Basically you give them the information and they formulate for the courts. And French lawyers don't give a dam about the what he has in the US unless I can prouve that he has that money.

So my question is can I show the fact that we are both american but that the divorce proceding is happening in France and get the courts to allow me to do an asset search on him? And how do I go about getting the permission. I means if I was getting divorced in California he would have to show the court his money ? Right? So I just need to know what the procedure is to ask the court in respect of international law to do an asset search on him. I know it is possible but not how and nobody seems to know.

I do have legal residence in California and we own a house in Laguna Hills so I should be able to file something in court get my divorce papers translated or ask the court here to give me some sort of legal paper saying we are getting divorced and that to be able to do an equitable separtion we need the american court to grant an asset search.

 

[SHORTY LONG]

My lawyer doesn't give a hoot! about my money! Lawyers here are not very helpful, they are not paid on results but on hours worked. Basically you give them the information and they formulate for the courts. And French lawyers don't give a dam about the what he has in the US unless I can prouve that he has that money.

So my question is can I show the fact that we are both american but that the divorce proceding is happening in France and get the courts to allow me to do an asset search on him? And how do I go about getting the permission. I means if I was getting divorced in California he would have to show the court his money ? Right? So I just need to know what the procedure is to ask the court in respect of international law to do an asset search on him. I know it is possible but not how and nobody seems to know.

You need to do a search for Divorce Attorney"s in California, and hopefully you find one that
is highly skilled and does care about his client. If your present Lawyer has no good advice for
your pursuit of sbtx asset's, then why waste your money with him or her. FYI: Our Forum is for US Law only!

 

[Ohiogal]

She has no standing however to file a case in the states. That is where she is going to lose. An American lawyer wouldn't be able to help her. Because they can't file anything here.

 

[Medusee]

I do realise that this forum is for US law only. Maybe I should have asked the question differently.

When you are divorcing someone in California what is the procedure to make them show all their assets? How do you go about getting the other party to hand over the bank statements so that the money can be shared? Because that is what I want to do I need to get some sort of court order so that I can then mandate someone to do an asset search on my husband. So how do I go about filing some sort of procedure in the state of California where I have legal residence to get him to divulge what is in all his US bank accounts?

 

[Medusee]

Nobody knows`? No ideas...

 

[CourtClerk]

The problem as I see it is that you have no cause of action in California, because you didn't file for divorce in CA, so it doesn't matter what you would do in California if you were able, because you're not.

There are a ton of things you have to fill out when filing for a divorce here (income and expense, financial statements, community property declarations), but none of that means a hill of beans to you at this point.

 

[SHORTY LONG]

Q: Nobody knows`?
A: Nope!

Q: No ideas...
A: Nope!

A: See Ohiogal's and CourtClerk answer!

 

[SHORTY LONG]

Nobody knows`? No ideas...

Are you a troll?


https://forum.freeadvice.com/showthread.php?p=1790594#post1790594

 

[>Charlotte<]

Even if she's a troll, I have a question. Maybe it will help someone who searches for an answer to their own problem (as if anyone ever does that, but...)

Expatriates don't actually give up their US citizenship (I think?), so because they still own a home in CA (and have thereby, presumably, maintained a US residence) and if they (also presumably) were married in the US, couldn't she re-start divorce proceedings in CA?

This is more in response to your post, OG, that she has no standing to file in the States. I know you know what you're talking about, but I'm just wondering why.

 

[CourtClerk]

Even if she's a troll, I have a question. Maybe it will help someone who searches for an answer to their own problem (as if anyone ever does that, but...)

Expatriates don't actually give up their US citizenship (I think?), so because they still own a home in CA (and have thereby, presumably, maintained a US residence) and if they (also presumably) were married in the US, couldn't she re-start divorce proceedings in CA?

This is more in response to your post, OG, that she has no standing to file in the States. I know you know what you're talking about, but I'm just wondering why.

She's already filed somewhere, so she should finish the process there. This would be a broad example of forum shopping basically. She's not happy with what's going on in the jurisdiction that she's filed in, so she's going to try somewhere else. In fact, I believe the Family Law Case Coversheet will ask her about pending actions in other jurisdictions... (I'd have to see one to be sure - but I know for sure it does if there are children involved), however, if it does, she's automatically back where she started from.

Be advised: this information is for CA only.

 

[CourtClerk]

Are you a troll?


https://forum.freeadvice.com/showthread.php?p=1790594#post1790594

Oh Lord...

At this time I both live in Switzerland and France

We both live in Europe!

And now Florida and California are involved....

I'm done. I simply don't believe the poster anymore.

 

[>Charlotte<]

Thanks for the answer. Actually, I was going to argue with you a little on one particular point until you said:

I believe the Family Law Case Coversheet will ask her about pending actions in other jurisdictions

So, yeah, that settles my "but what if" thing. I'll shut up now.

 

[LdiJ]

Oh Lord...



And now Florida and California are involved....

I'm done. I simply don't believe the poster anymore.

Well...I find it credible that there really are two different situations, hers and her friends.

However, I find it really hard to believe that it was as easy as taking her badges from her handbag to access the UN....PARTICULARLY the IT division. If she fessed up to her superiors I also find it very hard to believe that THEY are not moving heaven and earth to get the information from the software provider.