GARKA
recently joined
Reged: 07/02/12
Posts: 1
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We've been married for almost 10 years in November, but been hell for the last 3 years! I can't take it anymore and thinking in divorce, but need some advice on how to start...here is my situation, I am not from the USA became a citizen 5 years ago, I've been a stay home mom the last 9 years and we have two kids, I would like to know if I decide to plan a trip home with my kids and from there ask for the divorce and not come back until the situation is more settled, as I don't have any family here to support me on the process and don't anything myself on AMerican laws, I am scare he will take advantage of the situation to try to give-share with me as less as he can! Is there a legal way he can force me to get back? would I be charge with any legal charges for that??? Please help!!
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legend
recently joined
Reged: 10/22/12
Posts: 3
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If you move back with the kid's and try to the divorce there it probably not go well and they may not let you back into the country and it there is a possibility it will be considered kidnapping.
California laws are quite fair and everything your husband earned during the marriage well be considered community property and half of it is yours even though you didn't actually work. Here is a brief article explaining community property [censored]://[censored].legalmatch.com/law-library/article/community-property-state-divorce.html . That article has a bit more detail, but the general rule is whatever you earned during marriage is 50/50.
As for the divorce itself the paperwork is fairly easy and California has something known as Self-Help Centers in every county that will do the paperwork for you. Here is a link for that [censored]://[censored].courts.ca.gov/selfhelp-facilitators.htm you can see every county there. It is free and they will do the paperwork it is quite easy.
Then you will be entitled to child support if you stay in America and receive some money. California is a pretty fair state if you follow the rules, but if you flee with the kids to your home country serious problems are likely to arise.
I am just an anonymous internet poster, but I don't see that as a good plan, but good luck to you.
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