I'm in need of a little guidance...mabye even an emotional boost. I was born and raised in California. Twelve years ago I married a guy from the Dominican Republic....in California. I have been living in the Dominican Republic for 10 years now, and have only made yearly visits to my mom in CA. I have requested a divorce here in the D.R., but I know that I would be better off getting a divorce in CA. I'm the mother of 4 year old triplets. There is NO alimony here in the D.R. and child support is a bit poor. My question(s): Can I even consider getting a CA divorce after living abroad for so many years? My sister lives in Texarkana....would that be an option (she's a great support...I'm considering moving there). I know there are residency issues...thought it was worth a try asking. Thanks in advance for any input you could contribute.
You need to establish residency in a jurisdiction before filing for divorce in that jurisdiction. For California that requires living there for 6 months. If he files for divorce in the D.R. before you establish residency, D.R. will have jurisdiction. If he files for divorce in D.R. after you establish residency and file in California, you proceed to a international jurisdiction dispute - expensive lawyers, experts, complicated international law and treaties. After losing that, you proceed through divorce.
Probably not the emotional boost you were hoping for. Given the circumstances you are best off concentrating your energy either on making the marriage work or supporting yourself post-divorce. The silver lining here is that either of these missions is likely to be much more rewarding for you than scheming how to gouge him in divorce.
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