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California Divorce - Assets division

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neiln

Junior Member
California
Hi all,

My wife and I are NOT US Citizens, but been living in the US on a non immigrant visa for around 4 years. Our marriage was registered outside the US and we never lived together a single day in the USA. We did not take any legal action towards divorce till date.

If we initiate divorce in California, USA will I have to split my entire savings?

We do not have any join accounts, joint property or join debt.

Thanks,
 


Ohiogal

Queen Bee
California
Hi all,

My wife and I are NOT US Citizens, but been living in the US on a non immigrant visa for around 4 years. Our marriage was registered outside the US and we never lived together a single day in the USA. We did not take any legal action towards divorce till date.

If we initiate divorce in California, USA will I have to split my entire savings?

We do not have any join accounts, joint property or join debt.

Thanks,
How long have you been married? California apparently has jurisdiction over the divorce if both of you live there and have for several months.
 

LdiJ

Senior Member
California
Hi all,

My wife and I are NOT US Citizens, but been living in the US on a non immigrant visa for around 4 years. Our marriage was registered outside the US and we never lived together a single day in the USA. We did not take any legal action towards divorce till date.

If we initiate divorce in California, USA will I have to split my entire savings?

We do not have any join accounts, joint property or join debt.

Thanks,
Assets that accrued during the marriage would be subject to division in a divorce. Even though you have not lived together, unless you are legally separated, that period of time counts as being during the marriage.

Also, has any legal action taken place in your home country towards a divorce or separation? If that is the case, the US might not be able to take jurisdiction.
 

not2cleverRed

Obvious Observer
Assets that accrued during the marriage would be subject to division in a divorce. Even though you have not lived together, unless you are legally separated, that period of time counts as being during the marriage.

Also, has any legal action taken place in your home country towards a divorce or separation
? If that is the case, the US might not be able to take jurisdiction.
posting hx relevant here.

OP's wife has been back to India and pursued legal action there - doesn't seem to be divorce; link provided by OP would imply provided it's dowery related.
Unknown if part of legal action there is related to separation, etc. - sounds like neither party enjoys being married to the other. Unknown if there was fraud in the visa process - i.e., marriage entered into with the idea of using spouse's visa status to gain entry into the US.
 

LdiJ

Senior Member
posting hx relevant here.

OP's wife has been back to India and pursued legal action there - doesn't seem to be divorce; link provided by OP would imply provided it's dowery related.
Unknown if part of legal action there is related to separation, etc. - sounds like neither party enjoys being married to the other. Unknown if there was fraud in the visa process - i.e., marriage entered into with the idea of using spouse's visa status to gain entry into the US.
He said that they both had HB1 visas.
 

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