Laguna Beach, CA asked in Divorce and Family Law for California

Q: Foreign passport holder seeks divorce from US citizen husband, I married 30 yrs ago, who now resides in Encinitas, CA.

I have basically been abandoned overseas, where we had been living, by my longterm husband, who has taken up with another woman, & is now living in Encinitas, CA. I don’t even know where to begin? My financial situation is truly dire yet my husband seems to feel he has NO need to consider me any further. We lived for many years in the US - my 3, now-grown children were all born there. Please help. Many thanks.

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2 Lawyer Answers

A: You can file for divorce in the US and specifically in Encinitas/San Diego county if Husband meets the residency requirements (even if you don't). If you posted in inquiry because you are seeking legal representation, you can use the "Find a Lawyer" link at the top of this page.

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James L. Arrasmith
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Answered

A: If you are a foreign passport holder seeking a divorce from your US citizen husband, and you have been abandoned overseas, here are some steps you can consider taking:

Consult with an attorney: It is crucial to seek legal representation from an attorney who specializes in family law, specifically international divorce cases. They can guide you through the legal process and provide you with advice tailored to your specific situation.

Determine jurisdiction: Since your husband resides in Encinitas, California, you may have the option to file for divorce in California. However, it is essential to consult with an attorney to determine the appropriate jurisdiction and ensure that you meet the residency requirements.

Gather documentation: Collect all relevant documents related to your marriage, such as marriage certificates, birth certificates of your children, financial records, and any evidence of abandonment or infidelity. These documents will be important in the divorce proceedings.

Address financial concerns: If you are in a dire financial situation, your attorney can help you explore options for financial support during the divorce process, such as spousal support or temporary financial orders. They can advocate for your rights and work towards a fair resolution.

Child custody and support: If you have children, it is crucial to address custody and child support matters. Your attorney can assist you in navigating the complexities of international child custody laws and work towards a custody arrangement that is in the best interests of the children.

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