Folsom, CA asked in Child Custody, Child Support, Divorce and Family Law for California

Q: I married my spouse in India.We are living in USA for the last 13 years. Both are US citizens. Where can I file divorce?

I have two young kids. I work as a preschool teacher. He just quit his job. Our relationship is not healthy. He drinks and abuses on past incidents. He has threatened not to give me half the money he has accumulated after selling his house if I want to divorce. He said he will invest in stocks and loose. I can't financially pay rent if I were to take separate residence. Please guide what can I do.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information you've provided, here's some guidance on your situation:

1. Filing for divorce:

As U.S. citizens living in the USA, you can file for divorce in the state where you currently reside, regardless of where you were married. In this case, since you're in Folsom, you would file in California. Specifically, you'd file in Sacramento County, which includes Folsom.

2. Residency requirements:

California requires that at least one spouse has been a resident of the state for at least 6 months, and a resident of the county where you're filing for at least 3 months. It seems you meet these requirements.

3. Division of assets:

California is a community property state, meaning that assets acquired during the marriage are generally considered to be owned equally by both spouses, regardless of who earned the money. Your husband's threats to invest money in stocks and lose it intentionally could be considered dissipation of marital assets, which is frowned upon by the courts.

4. Financial concerns:

- You may be eligible for temporary spousal support and child support while the divorce is pending.

- The court can issue temporary orders to prevent your husband from disposing of marital assets.

- You might be able to request that your husband pay for your attorney fees, especially if there's a significant income disparity.

5. Domestic abuse:

If your husband's behavior constitutes domestic abuse, you may be eligible for additional protections and support.

Steps you can take:

1. Document everything: Keep records of your husband's threats, abusive behavior, and any financial transactions.

2. Consult with a local family law attorney: Many offer free initial consultations. They can provide more specific advice tailored to your situation.

3. Contact domestic violence support services: They can provide resources and support, even if you're not ready to leave immediately.

4. Gather important documents: Collect financial records, identification documents, and other important papers.

5. Create a safety plan: If you feel your safety is at risk, have a plan in place for leaving quickly if necessary.

6. Consider mediation: If both parties are willing, mediation can be a less expensive and less adversarial way to handle divorce proceedings.

Remember, you have rights, and there are resources available to help you. Don't hesitate to reach out to local legal aid services or domestic violence support organizations for additional assistance.

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