Law Offices of Oksana Van Rooy

Divorce in California if only one spouse resides in CA

admin — Mon, 14 Nov 2011 04:47:56 +0000

Q: I got married in Russia several years ago. Now I live in California. My wife is still in Russia and we have been separated for over 8 years. I want to get married to another woman. Do I need to get a divorce first? I do not have a Green Card, would I still be able to get divorced in CA?

Nov. 2011, Anaheim, CA

A: Yes, you need to get divorced before you can get married again. In California, bigamy (being married to more than one person at a time) is a crime.

As to the fact that you don’t have a Green Card, your legal status is irrelevant for purposes of divorce. To be able to file for divorce in CA, you only need to satisfy the residency (domicile) requirements, i.e. (1) you need to have been living in California for the last six months and in the county where you want to file for divorce for the last three months prior to filing for dissolution, and (2) you had an intent to remain here indefinitely.

Modification of Child Support Upon Birth of Another Child

admin — Sat, 29 Oct 2011 21:44:32 +0000

Q: I am paying child support for the child from my first marriage. Now I have another child with a different woman. Would this fact be figured into support?

A: Yes, the fact that you are also supporting another child should be taken into consideration when determining the amount of child support. However, if your order is already in place, you will probably need to file a motion for modification of child support and request that the court modify the current amount of support based on changed circumstances.

Be careful requesting modification of support because if your income has increased over the years (or the other parent’s – decreased), then it’s possible that the new amount of child support will be higher than what you currently have, notwithstanding the fact of you supporting more than one child.

Divorce Case Information

admin — Sun, 18 Sep 2011 12:08:29 +0000

Q: My husband filed for divorce in California several years ago. Before the case was finished, I moved out of state. How do I find out whether anything has been filed in my case and whether I am divorced?

A: Go to the courthouse where you had your case and check their records and your file (in many California courts, you can find case information online on the court’s website.) You should be able to find your case either by name or by a case number.

Green Card Through Marriage

admin — Sun, 18 Sep 2011 12:08:27 +0000

Q: I am a U.S. citizen. My wife lives in the U.S. and I want her to become legal. What do I do?

A: Normally, you would file with the U. S. Citizenship and Immigration Services an I-130 (Petition for Alien Relative) petition for your wife, together with I-485 (Application to Adjust Status) form, and all other forms required by USCIS in connection with these forms.

However, please talk to an attorney first, to make sure your wife will be eligible to adjust status, as there are several factors when she may be ineligible to adjust status to permanent resident.