Legal Question in Family Law in California

Hi

I am an NRI i sponsored my spouse to usa after marriage from India, Our court marriage took place initially in India in Oct 2006. He been here in USA for last two and a half years. What can I claim from this marriage? He doesnt own any property here in USA, the house we were living in here in USA, his family house, which was promised to be ours at some point of life, but I was paying that house.He makes more income than I do, we dont have children from this marriage. Can I claim anything from India or in USA itself? Currently I live with my parents and I want to have my own separate residence, cant be with them too long. We been married about 3 years after getting his 10 yrs permanent green card he stated to me this marriage wont work.


Asked on 11/29/09, 4:24 pm

1 Answer from Attorneys
James Chau Law Offices James Chau

If you get divorced here in California then any property outside of the state and country are still under the jurisdiciton of your divorce case. You may have a right to property in India and elsewhere if monies were transferred to those properties after marriage. You are also entitled to spousal support and child support if you have custody of the children.

For self represented individuals you can consult with the family law facilitator self help center at your local court house.

As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.

Law Offices James Chau

181 Devine St.

San Jose, CA. 95110

http://www.jameschaulaw.com/

http://sanjosefamilylawyer.blogspot.com/

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Answered on 12/10/09, 3:09 pm


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