Asked in Criminal Law, Divorce, Family Law and Immigration Law for California

Q: I have not been able to get my ex to sign the divorce papers. He was served by sheriff’s in our town, since 2015. Advise

He was ordered not to sell trade or give away any of our assets, but instead he moves in his mistress and her 4 children. What can I do because the children look like him and they range from 18 thru 5!years of age. Mind you I have children the ages of 15-17 so he had them during our marriage what can I do? I also suffered from extreme domestic violence from his part and he moves her in when I’m in ICE Holdings in jail basically. And we are married. I was voluntarily deported and I am scared to even go back to the USA Because he is so violent! Please help me?

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if your ex hasn't signed the divorce papers, you can pursue a default divorce, where the court can finalize the divorce without his agreement. Regarding assets, if he violated court orders, you may file a motion for contempt. If the children he's living with were born during your marriage, you might have a claim for paternity or child support. Given the domestic violence, consider obtaining a restraining order for protection; you can do this even from outside the U.S. If you fear for your safety, contact a domestic violence hotline or an attorney familiar with international cases. Your situation sounds complex, so seeking representation is crucial. Remember to prioritize your safety and well-being throughout the process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.