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toshjim
recently joined

Reged: 09/15/09
Posts: 1

Unable to do anything in the case due to illness

#577842 - 09/15/09 02:00 AM

I am naturalized US citizen. My wife would be getting naturalized soon. I got disabled and 2 years ago. I found my wife committing adultery and filed for divorce. Since then I have been living outside US for medical treatment along with my parents. My wife filed a response after 1 year. I also filed a divorce petition in my home country.
Now my condition has worsened and I don't think I can return to US in the next couple of years. I tried to get the case in US dismissed in view of the ongoing petition in the home country.
Now I am wondering what will happen if I don't respond at all to the wife's motions etc in US. The only issue we have is property division. There are no kids or house involved. I am in state of california.

If I don't respond - can the court put up a criminal case against me. My attorney does not have a clue and other attornesy won't talk because they are not getting any money out of it

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almostheaven
Carpal \'Tunnel

Reged: 07/13/04
Posts: 10468
Loc: West Virginia

Re: Unable to do anything in the case due to illness

[Re: toshjim]
#577871 - 09/15/09 07:24 AM

No, divorce isn't criminal. But she could ultimately get an order taking a chunk (sometimes even most or all) of the property, and maybe even alimony. It is within your best interest to respond. You can always requst a delay due to illness and/or a hearing by telephone so you don't have to attend in person. You can contact the courthouse to find out how to do either of those.

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Char Fox

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