CA Divorce when spouse moved to Europe

[laeditor68]

I'm in CA and have been separated from my wife since August 2nd 2017 She now lives in Czech Republic, her home country. We have NO debt, NO Property, and NO kids but my wife left her car and some belongings in storage that I've been paying for. We were only married three years when we separated and she never got her green card. I cancelled her green card petition earlier this year when I found out she was with another man. She has been combative and non-communicative and I just want to get a divorce from her as soon as possible with the least amount of hassle. What should I do to move forward with the divorce? She has some very important personal items of mine as well as all my very important paperwork including my birth certificate and social security card and a bunch of personal belongings in Czech which she refuses to send back to me. I stopped paying her storage in Texas with her car and personal items and that bill is piling up. I just don't know what my rights are with her belongings in my storage space and how to effectively serve her divorce papers in another country.

 

[Zigner]

You may wish to have a chat with an attorney. You don't need to hire him, but some guidance would be helpful. Your county court's web site likely has self-help information on filing the divorce.

As to your documents: The items you listed can be (fairly) easily replaced. I would forget about the "stuff" of yours she may have. Since the storage hasn't been paid off, it'll likely be auctioned off soon, with you being expected to pay whatever amount is left over. If there is a credit balance, it would be refunded to you.

 

[LdiJ]

I'm in CA and have been separated from my wife since August 2nd 2017 She now lives in Czech Republic, her home country. We have NO debt, NO Property, and NO kids but my wife left her car and some belongings in storage that I've been paying for. We were only married three years when we separated and she never got her green card. I cancelled her green card petition earlier this year when I found out she was with another man. She has been combative and non-communicative and I just want to get a divorce from her as soon as possible with the least amount of hassle. What should I do to move forward with the divorce? She has some very important personal items of mine as well as all my very important paperwork including my birth certificate and social security card and a bunch of personal belongings in Czech which she refuses to send back to me. I stopped paying her storage in Texas with her car and personal items and that bill is piling up. I just don't know what my rights are with her belongings in my storage space and how to effectively serve her divorce papers in another country.

Depending on how much that car is worth, you may end up finding yourself responsible for its value in the divorce settlement because it IS marital property that you are dissipating by not paying the storage fee.

It might have been more cost effective and might have made things less complicated to not have cancelled her green card application.

 

[HRZ]

Not entirely clear who put the car in storage.but it reads like wife did it .. in a sense if wife put marital property in storage under her name in Texas wo access by hubby and she allowed it to be auctioned off for non payment , SHE might be in a position of squandering marital assets. ?

 

[LdiJ]

Not entirely clear who put the car in storage.but it reads like wife did it .. in a sense if wife put marital property in storage under her name in Texas wo access by hubby and she allowed it to be auctioned off for non payment , SHE might be in a position of squandering marital assets. ?

I am guessing that the OP would have said that he had no access if he actually has no access.

 

[HRZ]

Texas is not exactly a part of CA

 

[stealth2]

Texas is not exactly a part of CA

So why did you bring up TX?

 

[Zigner]

So why did you bring up TX?

Because the OP said the items are in storage in Texas.

ETA:

I stopped paying her storage in Texas with her car and personal items and that bill is piling up.

 

[HRZ]

Per OP , the woman put her car in TX storage

 

[not2cleverRed]

Depending on how much that car is worth, you may end up finding yourself responsible for its value in the divorce settlement because it IS marital property that you are dissipating by not paying the storage fee.

It might have been more cost effective and might have made things less complicated to not have cancelled her green card application.

You are wrong about that.

He would be stupid to sponsor her. He could end up having to support her financially if he did that.

 

[stealth2]

Thanks - missed that part.

 

[HRZ]

Its not clear if car was personal separate roperty pre marriage. And it's not clear whose name is on the TX storage facility bill ...its a leap to assume OP is wasting marital assets to not pay that bill.

 

[LdiJ]

Its not clear if car was personal separate roperty pre marriage. And it's not clear whose name is on the TX storage facility bill ...its a leap to assume OP is wasting marital assets to not pay that bill.

Not really, both TX and CA are community property states therefore debt accrued during the marriage is community debt. If the car was purchased during the marriage (and odds are that it was) then it would also be a community asset.