Asked in Family Law for California

Q: My husband is a USA citizen holder. And i'm Indian. My husband is a business man in USA. I'm legally his wife.

If I file divorce in USA Court. And if he offers less financial support. And if i don't agree for less financial support. Then i have to contest and i can't able to contest.

MY QUESTION IS : If i don't agree with the amount he is offering, then can he take divorce without financial settlement???

Second, if i don't agree with the less money, can he still remarry as divorce is uncontested??

Third, if i don't agree with the less money, how long court would wait for me to get agreed??

Please help

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1 Lawyer Answer
Andy Chen
Andy Chen
Answered
  • Modesto, CA
  • Licensed in California

A: I'm not understanding your situation. If you file for divorce in the US, you can ask for temporary spousal support. There's a formula that the courts use for that. If you file for divorce, you control what happens and when. Thus, if you are the one who files and he doesn't want to give you the support you want, he can't finish the divorce on his own. Without finishing the divorce, he can't remarry.

The court would want you and he to either work out the support problem or the two of you would have to have a trial on it so the court can decide the problem.

The person who files first enjoys some benefits.

Andy

1 user found this answer helpful

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