How to file for Divorce

[deceased]

Hello there,

 

I was wondering if someone can lead me in the right direction on how to file for a divorce. My wife and I were married in China and she moved out to California a year later. She has been here for 2 years now. We've been married for 3.

 

Do we need to file in the US and in China? If so, where would i file in the US? Where would i find out my marriage status in the US so i can make sure it was recognize or not in the US. Just wanna be sure i need to even file in the US.

 

Does anyone know where i can download the proper forms to fill out for filing in the US and in China? She will be visiting china soon and I would like the fill out the correct papers before she leaves.

 

Thank you in advanced for any help and information as this is a trying time for both of us, but a mutual decision.

 

D.

[king]

Hello there,

 

I was wondering if someone can lead me in the right direction on how to file for a divorce. My wife and I were married in China and she moved out to California a year later. She has been here for 2 years now. We've been married for 3.

 

Do we need to file in the US and in China? If so, where would i file in the US? Where would i find out my marriage status in the US so i can make sure it was recognize or not in the US. Just wanna be sure i need to even file in the US.

 

Does anyone know where i can download the proper forms to fill out for filing in the US and in China? She will be visiting china soon and I would like the fill out the correct papers before she leaves.

 

Thank you in advanced for any help and information as this is a trying time for both of us, but a mutual decision.

 

D.

155130[/snapback]

The first question is where do you live?

 

If you are a resident of China, I think you can file in China. Go to a local Chinese lawyer to see about that.

 

If you have domicile/residence in one of the States of the US, you should be able to file in that state or if your wife she is a resident of California she can file there.

[ameriken]

Hello there,

 

I was wondering if someone can lead me in the right direction on how to file for a divorce. My wife and I were married in China and she moved out to California a year later. She has been here for 2 years now. We've been married for 3.

 

Do we need to file in the US and in China? If so, where would i file in the US? Where would i find out my marriage status in the US so i can make sure it was recognize or not in the US. Just wanna be sure i need to even file in the US.

 

Does anyone know where i can download the proper forms to fill out for filing in the US and in China? She will be visiting china soon and I would like the fill out the correct papers before she leaves.

 

Thank you in advanced for any help and information as this is a trying time for both of us, but a mutual decision.

 

D.

155130[/snapback]

I think you do need to file in both countries, but I am not sure, I do believe it would be recommended. I don't know where to lead you for the China divorce, but perhaps the American Embassy may have an idea? I think it is more difficult to divorce there....there has to be a really really good reason for the divorce (some states in US are "no-fault" meaning no reason has to be proven, just 'file and smile').

I have a friend in China who's wife left him. China would not give him the divorce until he was 2 years separated. When the 2 years was reached, the divorce was almost instant, but he had to wait the full 2 years.

In the US, it is a state by state issue, and each state has different laws and procedures. You may want to start with your state, county, and city webpages, perhaps do a search 'california marriage dissolution' .

Had to do this myself in Colorado in '03. Not something I like to boast having experience in, but I hope it is helpful! Good luck.

Edited September 19, 2005 by ameriken (see edit history)

[Cerberus]

Hello there,

 

I was wondering if someone can lead me in the right direction on how to file for a divorce. My wife and I were married in China and she moved out to California a year later. She has been here for 2 years now. We've been married for 3.

 

Do we need to file in the US and in China? If so, where would i file in the US? Where would i find out my marriage status in the US so i can make sure it was recognize or not in the US. Just wanna be sure i need to even file in the US.

 

Does anyone know where i can download the proper forms to fill out for filing in the US and in China? She will be visiting china soon and I would like the fill out the correct papers before she leaves.

 

Thank you in advanced for any help and information as this is a trying time for both of us, but a mutual decision.

 

D.

155130[/snapback]

deceased,

 

Check you PM.

 

Cerberus

[deceased]

we both live in CA. IM a native of CA. she moved in with me after arriving from china. I know there must be some forms i can download. well will try to keep looking, but if anyone has experince in this and can lead me in the right direction to get the propper forms, that would be very helpful.

 

Thanks agian everyone.

D.

Edited September 19, 2005 by deceased (see edit history)

[ameriken]

we both live in CA. IM a native of CA. she moved in with me after arriving from china. I know there must be some forms i can download. well will try to keep looking, but if anyone has experince in this and can lead me in the right direction to get the propper forms, that would be very helpful.

 

Thanks agian everyone.

D.

155149[/snapback]

Find your state or county webpages for Ca, they should have the forms.

[jim_julian]

Go to one of the big bookstores and buy a do it yourself California divorce book. You'll find several on the shelf at say Borders.

 

California is "no fault". If she is cooperative it should be quite easy. If she is not you need to file papers and get down to identifying the core issues. You can then bring them to the court in both informal and formal venues for resolution. You can do all this without a lawyer however if she retains a lawyer you may need one also.

 

Good luck!

[Guest ShaQuaNew]

we both live in CA. IM a native of CA. she moved in with me after arriving from china. I know there must be some forms i can download. well will try to keep looking, but if anyone has experince in this and can lead me in the right direction to get the propper forms, that would be very helpful.

 

Thanks agian everyone.

D.

155149[/snapback]

I second the bookstore. Go there and ask where to find books about divorce in CA. Do a websearch and find the most popular and comprehensive. Uncontested divorce in most US counties is pretty easy, there are however some counties (north carolina) that require a waiting period of one year. Florida for example grants most uncontested divorces with no children involved after 30=days of filing.

 

Bottom line is you need to get edu-ma-cated. You will need to complete an application form, probably a financial form, and then pay a small fee and register it with your county of residence.

 

For China, you must realize divorce like marriage is a civil thing. All countries want to know your marital status. If you divorce here, China will want to know, mostly regarding her. If either of you go back there it will be good to have followed Chinese divorce protocol before you go.

[ameriken]

Go to one of the big bookstores and buy a do it yourself California divorce book.  You'll find several on the shelf at say Borders.

 

California is "no fault".  If she is cooperative it should be quite easy.  If she is not you need to file papers and get down to identifying the core issues.  You can then bring them to the court in both informal and formal venues for resolution.  You can do all this without a lawyer however if she retains a lawyer you may need one also.

 

Good luck!

155239[/snapback]

If California is no fault, then it is much like Colorado. You file, pay the fee, and that is really all it takes. The court really does not care why you want a divorce, you dont have to prove anything, it is just a matter of paperwork and time. Where the courts will show concern, is that both have agreed to how they want to split everything....they dont care how you split it........all they want to know is if you agree on whatever plan you make.

In a no fault divorce, the only thing I know that the court will make special orders, is regarding children and child support. The courts protect the child. Outside of that, if you both can make your own agreement on how to split assets, alimony, etc, and the court will approve the divorce. They wont even look at the agreement, unless one of you contests and makes a stink about it. In that case, the court will no make recommendations, but will just pressure you both to agree on something.

 

[warpedbored]

If you are an American citizen or permanant resident alien living in California then you need only worry about filing there. If your wife wants to return to China and perhaps remarry there some day then she can deal with that there. It won't affect you or your status any.

[Guest ShaQuaNew]

If you are an American citizen or permanant resident alien living in California then you need only worry about filing there.  If your wife wants to return to China and perhaps remarry there some day then she can deal with that there.  It won't affect you or your status any.

155326[/snapback]

Actually, duh, yeah...this makes sense. The American Citizen need only worry about divorce in their own County and State of residence.

 

I am not sure how China would view your divorce however if you decide to go back and marry again, especially if she fails to file from divorce in China.

[Inxsfan]

deceased... quick question for you...

some of us here on cfl often worry about "is our chinese girl coming to the US for a purpose?" my question is did your wife get a green card? if so how long after her getting the card did things start to not work out?

reason i ask is several people on cfl and 001 have reported their girl has up and left the man, just one has to wonder the "green card factor".

i do here that divorce's that happen shortly or within 2 years of obtaining a green card is highly frowned upon and that it's next to impossible to petiton another fiance,from any country.

if theres a chance for you to work it out take my blessings and try, because it will be very hard to request another K1/K3