Can I divorce my husband without his consent? 5 Answers as of July 25, 2011

I Went to Vietnam and marry my husband last April 2010 and stayed there 2 months. I came back to California pregnant and have a 5 months old baby. I do not want to sponsor him anymore because he have never liked me and abused me while I was living in his house that 2 months. He is very poor. I have big saving money in the bank from all my hard working years. I want to do a divorce with him 1. do I have to give him all of my hard working money (assets) in the bank? 2. Can he fight to keep the baby (to go back to Vietnam and live with him? 3. If I want a divorce and child custody. Does he have the right to refuse for a divorce with me or refuse to let me keep the baby and refuse to let me be the the guardian of my child?

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Warner Center Law Offices of Donald F. Conviser
Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
You don't need your husband's consent to divorce him. However, service of process on your husband is required for you to divorce him, and that could be a difficult, time-consuming and expensive process if your husband is in Vietnam. To the extent that you accumulated funds from your earnings during the marriage until separation, those funds are community property, and your husband is entitled to 1/2 of the community property. As a practical matter, if your husband is still in Vietnam, and poor, it is unlikely that he would be able to travel to California to participate in a divorce - so it is unlikely that he would be able to fight your divorce, and unlikely that he would be able to contest your request for custody of your baby. You would need to proceed to get his default entered if he fails to timely file a Response in your divorce case. You would best retain an experienced Family Law Attorney to represent you in your divorce.
Answer Applies to: California
Replied: 7/25/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
If you live in California you can file for divorce whether your husband agrees or not. You have many critical questions that can impact your future. You need to go to wkfamilylaw.com and then call to make an appointment to meet with one of our family law attorneys. Your questions are very serious and complicated and you should not take legal action without retaining a lawyer to protect your interest.
Answer Applies to: California
Replied: 7/24/2011
Law Offices of Paul A. Eads, A.P.C.
Law Offices of Paul A. Eads, A.P.C. | Paul A. Eads
Yes you can.
Answer Applies to: California
Replied: 7/24/2011
Law Offices of Arlene D. Kock
Law Offices of Arlene D. Kock | Arlene D. Kock
You can file for divorce in California without your husband's consent to establish custody of your child and award separate property you had before you married. You can also terminate the marriage and be returned to the status of a single person. California is a no fault state and consent us not needed by the other spouse to end the marriage. If your husband has never been in California and there is property acquired during the marriage, the court may not be able to divide those assets and debts since the court would not have personal jurisdiction over him since he never came to California. From the facts you described, it sounds like you just need your separate assets you had before marriage awarded to you, custody of the child in your care and an order from the court ending your marriage.
Answer Applies to: California
Replied: 7/23/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
You do not need the consent, or even the cooperate of your spouse to file and process a divorce in California. As for division of your assets, there is not enough info to answer your question. Same goes for your custody related questions. If you want proper legal advice and guidance, it would be wise to call a local family law lawyer and set up an appointment to discuss your case.
Answer Applies to: California
Replied: 7/23/2011
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