Green Living Consulting How to proceed with a california divorce when spouse is living in another country with our kid born in US?

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Question by MarriedAndAlone: How to proceed with a california divorce when spouse is living in another country with our kid born in US?
Ok, I fully understand I need to talk to an attorney, which I will do for sure.

But I want to get a honest opinion on my situation. No intention of being rude but I don’t want vague advices or funny comments. Anything else would be greatly appreciated.

Here is my situation.

Me and my spouse were married in a foreign country. We moved to US (now settled in CA) on visa and later applied for permanent residency.

After few years, we decided to file for divorce based on fundamental differences and consulted a paralegal attorney for a mutually agreed divorce.

We were ready to file the divorce and then my spouse had to go back to our birth country with our US born child for a 2 month period.

Now my spouse is not willing to come back and I have to guess its because my spouse does not want a divorce. Our green cards arrived after she went out of country and it will expire if my spouse doesn’t come back to US soon.

I don’t want to screw up my spouse’s life in the name of divorce and I’m willing to provide alimony and or child support as applicable by law. My spouse did not work after marriage (H4 visa) till now but I’m willing to part with our savings as per the law or give her alimony. I also understand my spouse loves our kid same as I do and hence I will agree to a fair child custody deal. I want to be resonably fair but at the same time I also don’t want to be plundered by my spouse in the name of divorce.

What are my options now? If I hire an attorney how this is going end?

1. Can I still file and get a divorce in this situation?

2. Isn’t illegal for my spouse to keep our US born child in a foreign country?

3. Can my spouse contest the divorce from the foreign country or does she have to come to california to contest?

I reiterate, We tried reconcilliation for couple of years now and it didn’t work out. At this time there is not other option other than to file divorce.

Thanks.

Best answer:

Answer by beautyforashes81
You definitely have to consult an attorney about this…there are too many complicated legal issues here.

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