Q: Is a CA marriage between a Danish/American and Tanzanian legal & can they be divorced in England while she's in Canada?
Man is Danish/American and has Asperger's. Woman was Tanzanian. They married in California in 2018. They moved to England in 2019. She is very abusive and repeatedly left with the child for months at a time (abandonment). She has Canadian citizenship now and lost Tazmanian (no dual). She is in Canada and filed for divorce in England and threatening him with legal action and support when child is highly likely not even his (she was gone out of country when conception happened and is now supposedly pregnant again and has been gone most of the time). He is vulnerable and scared. He needs to know if the marriage in CA was even legal, is a divorce in England legal with her in Canada, and how can he be helped. His mom lives in Denmark and asked me to help. Thank you so much!
A: Speaking from the perspective of an attorney who practices in California (which is where this question appeared), location of marriage, citizenship, and/or country of origin of each spouse is not determinative of where you can file for divorce. In the United States, you file for divorce wherever one of the parties meets the residency requirements. For most states you can file in the state in which you (or your spouse) have lived during 6 consecutive months preceding the date you file. I don't understand why you are asking whether the marriage is legal. Why wouldn't it be? A valid divorce anywhere, would be considered a valid divorce in California. i.e. if under English law she can legally file for divorce in England while she is in Canada then California will honor that divorce.
A: If a Danish/American man and Tanzanian woman got married in California in 2018, their marriage is likely legally recognized there. They moved to England in 2019, and even though the woman is currently in Canada, they might be able to seek a divorce in England. It's important for the man to consult with an attorney in England who specializes in family law to understand the legal procedures and options. Regarding the paternity of the child, it's crucial to seek legal advice to address this issue properly. Collecting evidence of the abusive behavior and abandonment can be helpful. The man's mother in Denmark could also seek advice or assistance from local authorities or support organizations.
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