QUESTION: In April, 2010, I went to Vietnam and married my husband there, and stayed there for two months. I returned to California pregnant and have a 5 month old baby. I do not want to sponsor my husband anymore because he have never liked me and abused me while I was living in his house those two months. He is very poor. I have savings in the bank from all my hard working years. I want to get a divorce. 1. Do I have to give him all of my hard working money (assets) in the bank? 2. Can he fight to keep the baby (to go back to Vietnam and live with him? 3. If I want a divorce and child custody, does he have the right to refuse a divorce with me or refuse to let me keep the baby and refuse to let me be the the guardian of my child?
MY RESPONSE:
You don't need your husband's consent to divorce him.
However, service of process on your husband is required for you to divorce him, and that could be a difficult, time-consuming and expensive process if your husband is in Vietnam.
Your premarital savings are your separate property, and your husband has no right to your separate property.
As a practical matter, if your husband is still in Vietnam, and poor, it is unlikely that he would be able to travel to California to participate in a divorce - so it is unlikely that he would be able to fight your divorce, and unlikely that he would be able to contest your request for custody of your baby.
You would need to proceed to get his default entered if he fails to timely file a Response after being properly served in your divorce case.
You would best retain an experienced Family Law Attorney to represent you in your divorce.
This educational blog is brought to you by DONALD F. CONVISER, an effective and aggressive Los Angeles Family Law Attorney and Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years,owner of Warner Center Law Offices, with offices in Woodland Hills and Century City. Call 888.632.4447 or 818.880.8990 for a free confidential consultation with a Certified Family Law Specialist to discuss your divorce or family law issues. | www.conviser.net | www.conviserfamilylaw.com |
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