we married 6 months ago. 2 weeks ago I came from California to Europe where I lived before my marriage and don't want to go back to USA. I had a greencard before marriage.
I don't like my life in USA and want to divorce. My husband agrees.
My husband is rich but I don't want anything from him just divorce. No kids.
Shall I file for divorce in Europe or shall he in USA ?
If he files for divorce do I have to be in USA for divorce? Do I have to pay?
You and he can file a summary dissolution. You don’t need to be in California.
You do not have to live in the United States for either you or your husband to file for divorce in California if your husband lives in California. Someone will have to pay the filing fee. The status of your greencard can be effected and so you should consult with an immigration lawyer to be certain you are comfortable with your decisions.
As to filing in Europe, you need to talk with an attorney in your country of residence. As to California, because your husband lives here, you could file here as his residency would allow a CA court to take jurisdiction and if you filed here in CA, then you would be admitting that you are allowing CA to have jurisdiction over you. Yes you would have to pay for your petition and you husband would have to pay for his response. As to appearances, no you would not need to appear if you actually hired an attorney to do this for you and you and your spouse worked everything out by agreement. But if you file here, hire an attorney in the county where your husband currently resides.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline