I live in Germany and my husband is American living in CA. We got married there almost 3 years ago. I made up my mind that I want to get divorced and he told me that I should file for it because he's not the one who wants to get divorced, but he's going to sign the papers either way. Well, I thought I had to call an attorney but then someone told me I could just get a clerk. But I'm not sure how to find one online, meaning don't know what to look for, I searched for "divorce clerk" but that doesn't seem to be it. Can someone tell me how to find one?
Oh and for the haters: I didn't married for a greencard, I cancelled the application right after I told him that I want the divorce.
2007-08-09 11:06:03 · 3 answers · asked by The baby penguin 5 in Family & Relationships ➔ Marriage & Divorce
lol, neither one of us is rich. My question was not about the money anyway, I just want to get divorced as soon and easy as possible.
2007-08-10 03:57:11 · update #1
The only way to use a clerk is to be physically present in California, that way you can go to the court and just file the papers yourself. If there are no issues, then all you need is to have the clerk sign off on them, to show the paperwork was done properly. Clerks are in the court and function within the court system, they are not independent operators.
One thing you do need to be aware of, in California you don't need the other person's signature. Sure, it makes it easier, but it isn't required. Also, as the person above noted, California is a community property state, so any money the two of you have earned since you were married and before your formally separated is shared. AND, any debts you have run up are shared as well. If I were you I'd get on this immediately.
If you are out of the country, use an attorney. Everything, all of the paperwork, can be faxed back and forth, but get it taken care of as soon as possible.
2007-08-09 11:10:03 · answer #1 · answered by John B 7 · 1⤊ 0⤋
I have never heard of a "divorce clerk." I think the person that told you that does not know what they are talking about. You should contact a real attorney. You should file for divorce in California because it is a community property state and hire a CA attorney. The attorney can handle everything for you so you don't have to travel.
2007-08-09 18:10:03 · answer #2 · answered by TeddyBear121 3 · 0⤊ 1⤋
First why just to get divorce the law in California if I m not mistaken is that evrey 1 get half and it dosen t matter if it made before the marriage
so if he a rich man you can get half of what he has
2007-08-10 10:55:31 · answer #3 · answered by Anonymous · 0⤊ 0⤋