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How can i find out if my wife has filed for divorce ?

Elk Grove, CA |

Hi, I am a US conditional Green card holder. I am stuck in my home country (India) at this moment. And my US citizen wife is in California. Me and my wife have some problems in our marriage and i suspect that she has filed for a divorce which i am not aware of. Is there a way i can find out if she has filed for a divorce ? Also is there a way that i can contest the divorce while staying in India ? Please help !!!!!

Attorney Answers 3

Posted

Your questions are best answered by a domestic relations/divorce attorney in California. Generally, however, court filings are available online through the website maintained by the specific court that has jurisdiction for divorces where you and your wife lived, and in order for a divorce case to proceed there must be service of process (delivery of a copy of the divorce complaint and summons) through a formal means.

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

David N. Soloway
Frazier, Soloway & Poorak, P.C.
1800 Century Place, Suite 100
Atlanta, Georgia 30345 www.fspklaw.com
404-320-7000 * 1-877-232-5352 * dsoloway@fspklaw.com

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Posted

I have attached the weblink to the Sacramento Superior Court website. Search for family law cases by your name and this will tell you if she filed.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

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Posted

Assuming your wife resides in Elk Grove or another Sacramento County community the link previously provided should tell you whether your wife has filed. This does not become a case, however, until you are served with the Petition and Summons, and only then will you learn what your wife is requesting.

Certainly you can "contest" the dissolution while in India, but what do you mean by "contest"? Do you want to remain married, or do you want to contest the conditions of the dissolution -- the division of property, the award of spousal support, custody, child support? It is unlikely you can stop the divorce, if that is what your wife wants -- California family law will not require a person to remain married.

But California law is also very explicit regarding dissolutions, especially about division of community property and child support. If you have issues about property or support and do not want to come to California for hearings or trial, you would be well advised to do find a compatible attorney. If you want to contest custody, appearance at California hearings is not strictly required, but highly advisable.

Don Hansen

[Note: Consistent with Avvo policy, this communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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