My friends got married in California in June 2016, and now traveled in China. They are not having a happy time so he asked her to stay in China for phd study and he go back to US go on with his postdoc for the rest 4 months of this year and then they get together to see wether they are fit for each other or divorce. The question is will this 4 months be seen as "seperation" in california law? If they divorce, will the property/income they gain in this 4 months be seen as common property or personal property? Will they share them or not? She is now a phd student with no job and no income and he has 70 thousand dollar per year. Can she get any support from him after divorce?
1 Answer from Attorneys
It would be in your friends best interest to meet with an experienced family law attorney while he is in California. With that being said, this marriage is of extremely short duration. California requires a residency for a minimum of six months in California and a minimum of three months in the county where you file for divorce to initiate a case to end the marriage. If your friend meets the residency requirements, he should indicate on his divorce petition that he wishes to terminate the right of spousal support.
It's very important to note whether or not your friend has done any kind of work during the short marriage that could produce some significant income at a later point. For example, if he was in any kind of research and development that manifests value later, there may be a community property interest in that asset. I reiterate that it would be in his best interests to meet with an experienced family law attorney to better understand his legal rights.