Since you were a resident for the past 6 months, then you are allowed to file for your divorce in the state of California.
The longer you have been separated from your spouse, the stronger your argument against any request for spousal support. If your spouse were to file an OSC for spousal support, your best argument against such a request is that he does not need support to "maintain the marital standard of living" since he has been able to support himself since June 2000 (by legal or illegal means).
Your concern is understandable but it should not prevent you from moving on with your life. If you are that worried, then I suggest that you hire a family law attorney to help guide your decisions in the divorce action, which will put your mind at ease.
I have included some links below which may be of assistance. Good luck to you.
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Hire an attorney. File for divorce. His chances of getting any spousal support from you are close to zero after 12 years apart. You may be able to get child support for your child but it does not appear to be a concern for you and it may just stir up more than you want to. A divorce should be simple and quick in this situation.
Michael is in San Jose, California and can be reached at 408-295-4232 or at email@example.com. Consultation fees, rates and retainers vary based on need and ability to pay.
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