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  1. #1
    Join Date
    Jun 2017
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    4

    Default Division of Marital and Premarital Assets, and Award of Alimony in Divorce

    My question involves a marriage in the state of: California.

    I got married to my wife in India. I am a Indian citizen. I got her a H4 visa (so it was recognized by USA) and we lived together for only 2 months (1month in India and 1 month in California). We have no kids. Right now it has been 2 yrs since we got married. I am on H4 visa and been in California/USA since 2006. I am planning on filing a no-fault divorce (irretrievable breakdown of marriage - since she deserted me and never came back and also irreconcilable differences). How much time does a no fault divorce take for it to be granted ? I bought 2 properties (mortgages on both) before our marriage and only my name is there on both.

    Since they were not bought together (by both of us) - they don't have to be declared in FL160 Right? Also since we stayed together for 2 months - the salary I earned only during these 2 months becomes community money right? Do I have to pay her any alimony at all? If so how much alimony will the judge/court grant her ? Half of the community money? (Does it mean community money - expense incurred during the period we lived together?) The reason being my wife incurred a lot of expenses for me (medical too) within 1 month of staying in USA. And also I paid mortgage on the houses. One of them was a rental. there was rental income too.

    How Should I account for all this in my marriage divorce application? Will California grant her alimony? My wife most probably will not fight the case or even reply to it (because she is in India and her H4 has already expired). Please suggest me the best course of action. I want to get a divorce granted fast and also I don't want to pay her any alimony. Does the divorce papars have to be served to her in order for me to get divorce granted ? I actually don't know where she is living exactly in India. P.S : She has filed false cases in India and I filed for divorce in India about an yr ago - but there has been no progress as can be expected of Indian courts. As it is getting delayed in India I want to get it done here.

  2. #2
    Join Date
    Sep 2005
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    Default Re: Division of Marital and Premarital Assets, and Award of Alimony in Divorce

    Quote Quoting Themi
    View Post
    I am on H4 visa and been in California/USA since 2006.
    Do you mean that you are on a H1B visa?
    Quote Quoting Themi
    I am planning on filing a no-fault divorce .... How much time does a no fault divorce take for it to be granted ?
    If you don't make any mistakes, properly effect service, and the divorce is not contested, you can probably complete the process within six months.
    Quote Quoting Themi
    I bought 2 properties (mortgages on both) before our marriage and only my name is there on both.

    Since they were not bought together (by both of us) - they don't have to be declared in FL160 Right?
    As the instructions to the form state, "Use one form for your community property and debts and another form for separate property and debts."
    Quote Quoting Themi
    Also since we stayed together for 2 months - the salary I earned only during these 2 months becomes community money right?
    I expect that you have spent that money. If the money you have earned during your marriage (not just the time you were living together) is sitting in a bank account, unspent, then she may claim that the money is a marital asset.
    Quote Quoting Themi
    Do I have to pay her any alimony at all? If so how much alimony will the judge/court grant her ?
    That will depend upon the facts of the case, along with whether or not your wife seeks spousal support, and the only fact we have relative to alimony is that this is a short marriage. That weighs in your favor, but it's not dispositive.
    Quote Quoting Themi
    Half of the community money?
    Community assets are divided as part of the division of property. That has nothing to do with spousal support.
    Quote Quoting Themi
    The reason being my wife incurred a lot of expenses for me (medical too) within 1 month of staying in USA.
    When you marry and pay your wife's medical bills, that's a marital expense. You don't get that money back if you later divorce.
    Quote Quoting Themi
    And also I paid mortgage on the houses. One of them was a rental. there was rental income too.
    And?
    Quote Quoting Themi
    How Should I account for all this in my marriage divorce application?
    Account for all of what? (The short answer is "honestly".)
    Quote Quoting Themi
    She has filed false cases in India and I filed for divorce in India about an yr ago - but there has been no progress as can be expected of Indian courts.
    Given that you have created personal jurisdiction over yourself by filing in India, whatever judgment you obtain in California, there remains a chance that your wife will be able to obtain other relief through the pending action you have already filed. You should only have one pending divorce case at a time, anywhere in the world.

  3. #3
    Join Date
    Jun 2017
    Posts
    4

    Default Re: Division of Marital and Premarital Assets, and Award of Alimony in Divorce

    Mr. Knowitall. Thanks for answering all my questions.

    Do you mean that you are on a H1B visa?
    Yes I'm on H1B visa. Typo.

    Account for all of what?
    I mean to ask - if I paid mortgage towards my properties - is that mortgage amount considered as asset (community money) and I have to pay her half of that even though I spent it ? Pls bear in mind I bought both these before marriage. Meaning both these are not community assets. But the mortgage paid during period of marriage maybe community?.
    Of course I will fill up two forms as you suggested , but want to know the repercussions before I start this whole process.

    I have a lot of debts (due to my properties) so I never have liquid cash. As you said - if that money is sitting in a bank account - this means no community money for her to claim. (I understand that spousal support is separate).

    So due to personal jurisdiction - despite my divorce in USA, she may get relief through pending action in India. But this does not mean the divorce is not final right? Meaning as per US laws, I will be able to take another wife and register that marriage in USA right? (Though not a registered marriage in India or an Indian wife as we don't know if the Indian courts will approve this USA divorce or not).

    My wife will file motion for the Indian courts to reject this divorce granted by the US govt but they may or may not approve of it.

    Also if I file a no fault divorce - do the papers have to be served to my wife? From your earlier reply that "if she doesn't contest it" meaning she must be given a chance to contest - so I must serve her the papers. Right? But I don't know where she lives. How to serve the papers in that case? What provisions does US govt give me if in case I don't know where my wife lives??

    Thanks a ton!!

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