URGENT!! Returning to Oz

[highlandbelle 0]

Hi all

I'm a returning VJ Aussie member, having filed thru DCF in Sydney in Feb 2006. I am a CPR and obtained my GC in March 2006.

My current situation is somewhat urgent. My marriage has not worked out with my USC. He was less than honest about his finances and lifestyle, altho in his mind he's done nothing wrong. I've also found his behaviour towards me emotionally and verbally abusive, very controlling etc. We were married here in California in November 2005. Consequently I've made the tough choice to return to Oz, and have a one-way flight in just over a WEEK!

Need advise re legal options. As I have not worked in this country and husband controls the finances, I have been unable to obtain any free legal advice. My questions are -

1) Once I leave the country, will I have any legal entitlements to joint assets we have obtained during our marriage? If so, how would I go about legal proceedings from another country?

2) My husband has threatened to initiate some sort of proceedings as soon as I leave, so I won't know what's going on. Can he legally do that?

Any help or suggestions about what to do, given my financial bind and difficulty in obtaining legal advice, would be appreciated.

Thanks

Chris

[Jasman0717 8]

I would recommend you see an attorney first, before you go anywhere. Many cities, especially here in California, have a legal aid society that can help people in your situation. You might look for that or an attorney referral service that can get you going in the right direction.

You do have some legal rights to income earned and savings accrued since you have been married plus your husband should still be financially responsible for you.

Seek legal advice!

Good luck

[Yodrak 7]

Chris,

This being the case you may be able to find a divorce attorney who will not charge you but will plan on getting their fee for representing you from your husband in the divorce settlement.

Initial consultations should be no charge from many attorneys.

Yodrak

.....

Need advise re legal options. As I have not worked in this country and husband controls the finances, .....

Thanks

Chris

[payxibka 10,044]

1) If so, how would I go about legal proceedings from another country?

2) My husband has threatened to initiate some sort of proceedings as soon as I leave, so I won't know what's going on. Can he legally do that?

1) By using a US based attorney

2) Certainly he can initiate proceedings against you, any number of which may be in fact totally without merit, but the sad fact is that he may not be precluded from attempting to bring these actions.

The real question is what kind of proceedings is he threatening?

[diadromous mermaid 36]

Hi all

I'm a returning VJ Aussie member, having filed thru DCF in Sydney in Feb 2006. I am a CPR and obtained my GC in March 2006.

My current situation is somewhat urgent. My marriage has not worked out with my USC. He was less than honest about his finances and lifestyle, altho in his mind he's done nothing wrong. I've also found his behaviour towards me emotionally and verbally abusive, very controlling etc. We were married here in California in November 2005. Consequently I've made the tough choice to return to Oz, and have a one-way flight in just over a WEEK!

Need advise re legal options. As I have not worked in this country and husband controls the finances, I have been unable to obtain any free legal advice. My questions are -

1) Once I leave the country, will I have any legal entitlements to joint assets we have obtained during our marriage? If so, how would I go about legal proceedings from another country?

2) My husband has threatened to initiate some sort of proceedings as soon as I leave, so I won't know what's going on. Can he legally do that?

Any help or suggestions about what to do, given my financial bind and difficulty in obtaining legal advice, would be appreciated.

Thanks

Chris

How to initiate divorce actions and the entitlements from terminated marriages vary from state to state. Normally, in an equitable distribution state, each spouse is entitled to one half of the appreciation of the marital estate from the date of marrriage until the date of divorce.

[desert_fox 32]

He can file, but no court wil take jurisdiction until they have proof that you were served with the copy of the summons and given your 30 days to respond, or served in any other manner allowed by the law.

[Jasman0717 8]

Actually, in some states if the respondant can't be located the petitioner can post the notice of divorce in the local newspaper for a specified time and the court will accept that as being served.

[Nancy2015 2]

Hi all

I'm a returning VJ Aussie member, having filed thru DCF in Sydney in Feb 2006. I am a CPR and obtained my GC in March 2006.

My current situation is somewhat urgent. My marriage has not worked out with my USC. He was less than honest about his finances and lifestyle, altho in his mind he's done nothing wrong. I've also found his behaviour towards me emotionally and verbally abusive, very controlling etc. We were married here in California in November 2005. Consequently I've made the tough choice to return to Oz, and have a one-way flight in just over a WEEK!

Need advise re legal options. As I have not worked in this country and husband controls the finances, I have been unable to obtain any free legal advice. My questions are -

1) Once I leave the country, will I have any legal entitlements to joint assets we have obtained during our marriage? If so, how would I go about legal proceedings from another country?

2) My husband has threatened to initiate some sort of proceedings as soon as I leave, so I won't know what's going on. Can he legally do that?

Any help or suggestions about what to do, given my financial bind and difficulty in obtaining legal advice, would be appreciated.

Thanks

Chris

How to initiate divorce actions and the entitlements from terminated marriages vary from state to state. Normally, in an equitable distribution state, each spouse is entitled to one half of the appreciation of the marital estate from the date of marrriage until the date of divorce.

The OP is in California, so what you said applies. CA is a community property state.

[Quinn 2]

How to initiate divorce actions and the entitlements from terminated marriages vary from state to state. Normally, in an equitable distribution state, each spouse is entitled to one half of the appreciation of the marital estate from the date of marrriage until the date of divorce.

That is not entirely accurate. In an equitable distribution state, each spouse is entitled to an equitable distribution of the marital assets. Sometimes that is half, sometimes it is not.

In community property states, where marital property is shared equally, marital property is divided equally between the spouses (or, as close to equal as the court can manage).

[Cry_Tuff 0]

I'm not sure where in California you are, but if you Google for legal aide in your area, there should be something come up. Even if you look in the phone book under government agencies, and call the courthouse, someone may be able to refer you.

But I do agree...You need to seek legal advice BEFORE you leave..and fast. Most all lawyers/attorneys will not charge for an initial consultation. Find out what they advise beforehand. In my first marriage, after my divorce, I kept everything...he left with his items...that was it...he abandoned our children and I. Once you leave, you are abandoning the marriage, and a judge is liable to be more in his favor than yours.

[highlandbelle 0]

I'm not sure where in California you are, but if you Google for legal aide in your area, there should be something come up. Even if you look in the phone book under government agencies, and call the courthouse, someone may be able to refer you.

But I do agree...You need to seek legal advice BEFORE you leave..and fast. Most all lawyers/attorneys will not charge for an initial consultation. Find out what they advise beforehand. In my first marriage, after my divorce, I kept everything...he left with his items...that was it...he abandoned our children and I. Once you leave, you are abandoning the marriage, and a judge is liable to be more in his favor than yours.

Thank you to all respondents to my queries. I will be seeking legal advice tomorrow and hopefully will gain some clarity on my situation.

Once again, many thanks for your interest in my case and I'll let you know what transpires!!

Cheers

Chris

[Lance27 19]

I'm not sure where in California you are, but if you Google for legal aide in your area, there should be something come up. Even if you look in the phone book under government agencies, and call the courthouse, someone may be able to refer you.

But I do agree...You need to seek legal advice BEFORE you leave..and fast. Most all lawyers/attorneys will not charge for an initial consultation. Find out what they advise beforehand. In my first marriage, after my divorce, I kept everything...he left with his items...that was it...he abandoned our children and I. Once you leave, you are abandoning the marriage, and a judge is liable to be more in his favor than yours.

Thank you to all respondents to my queries. I will be seeking legal advice tomorrow and hopefully will gain some clarity on my situation.

Once again, many thanks for your interest in my case and I'll let you know what transpires!!

Cheers

Chris

Good Luck

[diadromous mermaid 36]

How to initiate divorce actions and the entitlements from terminated marriages vary from state to state. Normally, in an equitable distribution state, each spouse is entitled to one half of the appreciation of the marital estate from the date of marrriage until the date of divorce.

That is not entirely accurate. In an equitable distribution state, each spouse is entitled to an equitable distribution of the marital assets. Sometimes that is half, sometimes it is not.

In community property states, where marital property is shared equally, marital property is divided equally between the spouses (or, as close to equal as the court can manage).

Agreed. Equitable doesn't necessarily mean equal, however, there'd have to be a glaring fault or cause of action on the part of one party for the court to divide the appreciation of the marital estate into parts that were not very close to being equal. One instance that comes to mind is adultery. Often times in no-fault states, for example, the adultery doesn't impact the divorce, since fault doesn't come into play and irreconcilable differences is all one would have to claim to petition to terminate the marriage, yet a judge can take that into consideration when distributing the marital possessions. Even then, I've heard of few cases where this would amount to much more than a 5-10% fluctuation.

[highlandbelle 0]

Hi again

I obtained some legal advice yesterday and although my husband is financially obligated to support me for 1/2 the duration of the marriage with 1/2 his income (which would be $2700 per month for the next 10 months!) because I did not have the required $2300 retainer upfront for the attorney I had to walk away from pursuing it any further. Gut wrenching stuff, but don't know what else to do and I'm really out of time now.

Perhaps just put it down to a HUGE life lesson learned that not everyone is who they say they are, eh?!

Thanks again everyone for your interest and support .... it was soooo appreciated!

Chris

[diadromous mermaid 36]

Hi again

I obtained some legal advice yesterday and although my husband is financially obligated to support me for 1/2 the duration of the marriage with 1/2 his income (which would be $2700 per month for the next 10 months!) because I did not have the required $2300 retainer upfront for the attorney I had to walk away from pursuing it any further. Gut wrenching stuff, but don't know what else to do and I'm really out of time now.

Perhaps just put it down to a HUGE life lesson learned that not everyone is who they say they are, eh?!

Thanks again everyone for your interest and support .... it was soooo appreciated!

Chris

Crikey! Rather than walk away from something that sounds pretty cut and dried to me, I would have tossed into the ring that you'd be willing to offer the atty a 33% contingency deal. If he's smart he'd realise that he could parlay $2,300 into $9,000 and you'd at least get $18,000 rather than zip!!!!!!! Might be worth a try.