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How to get divorce in California, America?

#1 Seth ♥ Line

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Posted 21 October 2012 - 01:47 AM

Hey to all my VJ friends :)

Today I would like to ask some advices from all you guys (specially people live in California) to help my friend divorce case.
She is Cambodian who has been married to American husband for 5 years already and they get one daughter together, but from time to time he started to change from good to bad, from a very gentle man to a very cruel man. He never beat her but he has talked so bad to her and he is so mean to her and their small daughter.
As now she is in Cambodia with her daughter to visit her family, and she wants to divorce with him when she goes back to America, but she does not know what she has to do to get divorce with him and to get her daughter.
Please all my friends here give me your ideas then I will forward your helpful information to her.
Note:

1. She has no job (only salary from government)
2. She does not know about law in America (her husband never bring her to anywhere either)
3. She already had her 10 years green card (her parents sent money from her home country to her to apply for green card)

Thanks alot in advance for your comments :)
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#2 GlobeHopperMama

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Posted 21 October 2012 - 01:58 AM

If she has no idea of how the law works in the US and has nobody knowledgeable to help her, she probably needs to find a lawyer or legal-assistance service to guide her. Is there a strong Cambodian or S.E. Asian community near where she lives in California? Or even an immigrant community (it's California, I'm guessing yes!). There may be resources targeted towards immigrants in that area, and they can provide links to good legal assistance.

In the meantime, this site might help with researching the overall process:
http://www.courts.ca...elp-divorce.htm
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#3 Seth ♥ Line

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Posted 21 October 2012 - 02:11 AM

Thank you a lot for your help :)
I will forward the link you posted to her.

Wish you the best of luck :)
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#4 DandT14

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Posted 21 October 2012 - 09:54 PM

If it's an uncontested divorce, it's not terribly difficult. I did my own, in California, with the help of a $20 book. The most significant cost is in the initial filing, but there is a possibility of getting reduced fees if she qualifies.

If he's going to contest the divorce, she can still get help at the courthouse, but she'll probably need legal aid of some kind. I wouldn't recommend trying to do a contested divorce on her own.
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#5 TBoneTX

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Posted 22 October 2012 - 02:15 AM

*** Thread moved from General Immigration Discussion to Effects of Major Changes forum. ***

Edited by TBoneTX, 22 October 2012 - 11:38 PM.

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#6 Seth ♥ Line

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Posted 22 October 2012 - 03:33 AM

I'm sorry because I don't know how to move :(
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#7 khwaidee1

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Posted 24 October 2012 - 12:21 PM

I don't know where in Calif your friend is but, she could try these if she's in the Southern California area. A lot of Khmer in Long Beach.

Cambodian Association of America
2501 Atlantic Avenue
Long Beach, CA 90806
(562) 427-6162

Kambodian Pro-legal Service
1360 E Anaheim St Ste 209
Long Beach, CA 90813
(562) 599-1440
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#8 JimVaPhuong

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Posted 25 October 2012 - 01:41 AM

1. She has no job (only salary from government)


If she has no job, how can she have a "salary" from the government?

2. She does not know about law in America (her husband never bring her to anywhere either)
3. She already had her 10 years green card (her parents sent money from her home country to her to apply for green card)


They do not qualify for an uncontested divorce, called a "summary dissolution" in California. They've been married more than five years, and they have a child as a result of the marriage. They need to go through the full divorce process.

The biggest issue is likely to be the settlement phase. Five years of marriage in California is long enough to persuade a family court judge to issue an order of spousal support. If he's working and she's not then the spousal support order could be a substantial chunk of his pay. If she gets custody of the child then add another 20% of his income that he's going to end up paying. There's also the issue of any assets acquired during the marriage.

I'm not advocating for her husband here. I'm saying that because he has a substantial chunk of his monthly income to lose that he'll almost certainly hire an attorney. If he goes to court with an attorney and she doesn't then her husband's attorney is going to walk all over her.

She needs a divorce attorney.
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#9 rade2rising

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Posted 25 October 2012 - 05:48 AM

sounds like she is on welfare. thought she couldnt qualify for that though if she is not citizen.....
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#10 DandT14

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Posted 27 October 2012 - 07:38 PM

They do not qualify for an uncontested divorce, called a "summary dissolution" in California. They've been married more than five years, and they have a child as a result of the marriage. They need to go through the full divorce process.



I promise, I was married more than 5 years, had 2 kids, and had an "uncontested divorce" in California. Completed the whole thing by mail and 1 trip to the courthouse only to file papers. Never saw a judge. I'm pretty sure "uncontested divorce" and "summary dissolution" are two different things. You can get an uncontested divorce without an attorney. It might be very advisable to have one, but it is possible to do it without one.

Edited by DandT14, 27 October 2012 - 07:39 PM.

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AOS
5/16/2012 - Package delivered to Chicago Lockbox at 1:33pm
5/21/2012 - Email/text notifications received at 4:50 p.m.
5/26/2012 - NOA hard copies received for I-130, I-485 and I-765
6/19/2012 - Biometrics completed.
7/02/2012 - Text/email/hard copy notification of interview.
7/30/2012 - EAD card production ordered.
8/02/2012 - Interview @ 2:00
8/02/2012 - Email notification of GC production at 5:30pm
8/07/2012 - Second GC production email
8/07/2012 - EAD received.
8/08/2012 - GC mailed.
8/09/2012 - Welcome letter and I-130 approval letter received.
8/10/2012 - Green card received. :)
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