dad american , lives out side of the US can file petition for disolution of marriage

[frontgo]

What is the name of your state (only U.S. law)? CA
my husband American , lives and works out side of the US since 1996, and he visits his mom LA once a year, staying in LA only about 2 weeks every year. He lived in LA utill he came to asia in 1996.

We went to LA to get married in 2001. i am Japanese, live and work in Japan. I don't have USA passport.
my 8 years autistic son lives with me. we haven't visited the USA since he was born. my son has an expired passport and a certainly a Japanese because he was born here.

My husband told me he has an affair in 2008 . he stopped visiting since 1.5 years ago. He said to our son he is not coming back to visit him until we divorce. this is a threaten. and now my husband stops paying any money because i didn't talk to his lawyer about divorce. he wants a quick divorce, but my son and i want dad to rebuild our family. this drags enormous pain.


can dad file petition for dissolution of marriage in LA , based on the fact that he doesn’t live there since 1996 ?
could i get alimony for my living and my son's education support?
can i file divorce and ask my husband to pay money for supporting us, immediately when I file? It looks like it always takes a long time to finalize the divorce at court.

Comments are greatly appreciated.

 

[Ohiogal]

And you started a second thread to ask the same question, WHY?

 

[frontgo]

sorry. i just thought this is the divorce section for asking my divorce issue here...
i assumed my husband refused visiting our son is 'abuse' section..but this involved wiht divorce petition issues. so i came to this section to post this thread..
very sorry for my entering wrong door... my life now is confusing and my post thread is confusing too.. i am totally lost in my life and this cyber space....

can any one help? greatly appeciated.

 

[mistoffolees]

sorry. i just thought this is the divorce section for asking my divorce issue here...
i assumed my husband refused visiting our son is 'abuse' section..but this involved wiht divorce petition issues. so i came to this section to post this thread..
very sorry for my entering wrong door... my life now is confusing and my post thread is confusing too.. i am totally lost in my life and this cyber space....

can any one help? greatly appeciated.

You need to ask your question in the original thread. They are both in the Divorce section.

You already got the important part of your answer - you need to deal with the laws in your country.

If he meets requirements for residency in LA (which doesn't seem likely), then you will need to respond there (or you can challenge his residency). Either way, you'd need an attorney in LA. Or, you can file for divorce in your country first.

 

[LdiJ]

sorry. i just thought this is the divorce section for asking my divorce issue here...
i assumed my husband refused visiting our son is 'abuse' section..but this involved wiht divorce petition issues. so i came to this section to post this thread..
very sorry for my entering wrong door... my life now is confusing and my post thread is confusing too.. i am totally lost in my life and this cyber space....

can any one help? greatly appeciated.

If you challenged your husband filing for divorce in CA, you might be able to get his case dismissed. CA law requires someone to be a resident of CA for at least 6 months, and a resident of the county in CA where the action would be filed, for at least 3 months.

However, that would be very expensive as you would have to hire an attorney in CA to handle the matter. Even if your husband would qualify to file in CA, CA would have no jurisdiction over custody of your child or of any property located in Japan.

 

[frontgo]

thanks for your kind help.
do u mean that my husband he hasn't lived in the US since 1996, therefore i can request LA court to terminate his petition?

dealing with this law, i spent enourmous time and effort , plus money already...
it looks like this is a very trouble some process. but a very valuable lesson - it's very easy to get married but extremely difficult to get divorce. this is a price to pay for those didn't pay enught caution about the getting married decison. and alos a punshiment for the one who didn't manage marriage daily life well enough..

this pain, is also very valuable for me to be a better person. i leant that i need to take good care of my son regardless if my husband is going to support us or not. this is a journey for me to learn from all of the reality and i should try my best to live in a more ballanced peaceful mind.

 

[mistoffolees]

thanks for your kind help.
do u mean that my husband he hasn't lived in the US since 1996, therefore i can request LA court to terminate his petition?

Yes, you can request that the petition be terminated. However, that's not a guarantee. If he is out of the country on business with the intent to return when the job is complete, then CA could still have jurisdiction. If he's military and intends to return to CA, then it could still have jurisdiction. If he has filed in CA, then you should really have an attorney there. If he has not filed yet, you may want to think about filing in your own country if that makes sense. Again, speak with an attorney.

 

[frontgo]

thanks for all of the help replied to my post.

i have checked with lawyer in my country. the fact is it is very diffciult for any court to execute the enforcement of any result from our county court. You can see many criminal escaped to aborad, either in the US or any other country, it's very difficult to ' arrest' the criminal to be back to our country. Althought this often happens with those "Economic criminals". most of those rich guys usually holds different passports from many countires, usually they escaped to the US and lives in a very wealthy life. My husband must have already consulted with his lawyers in my county and in the US. unfortunately, i am frustrated that any legal system cannot really rebuild my peaceful life, only a rational mind from each side of trouble couple. My husband refused to provide with parenting plan. and refuese to pay any money to support us now. this is a very stressful and difficult time for me.
could any attorny terminate our problem and end this darkness?
could any one please tell me where to look for a attorny for my acion ? any suggestion is appreciated

 

[mistoffolees]

thanks for all of the help replied to my post.

i have checked with lawyer in my country. the fact is it is very diffciult for any court to execute the enforcement of any result from our county court. You can see many criminal escaped to aborad, either in the US or any other country, it's very difficult to ' arrest' the criminal to be back to our country. Althought this often happens with those "Economic criminals". most of those rich guys usually holds different passports from many countires, usually they escaped to the US and lives in a very wealthy life. My husband must have already consulted with his lawyers in my county and in the US. unfortunately, i am frustrated that any legal system cannot really rebuild my peaceful life, only a rational mind from each side of trouble couple. My husband refused to provide with parenting plan. and refuese to pay any money to support us now. this is a very stressful and difficult time for me.
could any attorny terminate our problem and end this darkness?
could any one please tell me where to look for a attorny for my acion ? any suggestion is appreciated

Ask your attorney. There are too many variables.

It might be best to let your husband file in CA - and then hire your own attorney in CA to ask for support. Once your husband files there, he can no longer claim that CA doesn't have jurisdiction over him. The CA court could not go after your property nor could it settle custody, but they could handle any property in CA.

But you really need to discuss all the options with your attorney.

 

[frontgo]

thanks so much for your reply.
how is the chance for me to get alimony. we married in may,2001. i needed to take this 'easy' job because i need to take care of my autistic son. i often refused going business trip in abroad which requested by the company i work for. I mean, i couldn't pursue a better offer job which requires me working for longer hours. I also ' refused' to be promoted so that i can have more time to handdle my son's threapy needs. My salary is just 1/4 of 1/5 of my husband..
Unfortunately, all the divorce process is so painful. and he refues to communicate with me.

 

[mistoffolees]

thanks so much for your reply.
how is the chance for me to get alimony. we married in may,2001. i needed to take this 'easy' job because i need to take care of my autistic son. i often refused going business trip in abroad which requested by the company i work for. I mean, i couldn't pursue a better offer job which requires me working for longer hours. I also ' refused' to be promoted so that i can have more time to handdle my son's threapy needs. My salary is just 1/4 of 1/5 of my husband..
Unfortunately, all the divorce process is so painful. and he refues to communicate with me.

You can either sit around and feel sorry for yourself or you can get an attorney and do something about it.

Your choice.