A married couple, both Chinese citizens, reside in California.  They
have a son, born in China, that lives primarily with the wife. 
Neither have green cards or US citizenship and are here on work and
student visas.  The wife filed for divorce in California and the case
has not yet been finalized, but is close to completion.  The husband
filed for divorce in China and that divorce settlement has been
finalized.  He has notarized copies of all the divorce papers from
China and both parties signed off on the Chinese divorce.  The
husband, wife and child intend to stay in California for many years,
maybe even permanently.

Is it necessary to proceed with the California divorce?  Does
California even have jurisdiction since China has recognized their
divorce?  If they complete the California divorce, and the settlement
differs from the Chinese settlement, which are they legally obligated
to follow?

---

Request for Question Clarification by pafalafa-ga on 08 Jul 2004 20:26 PDT

Have both parties been living in California during the entire time of
the divorce proceedings?

---

Clarification of Question by rebeccaz-ga on 09 Jul 2004 09:03 PDT

Hi, thank you for following up with our question.  Yes, both parties
have resided in California during both the California divorce
proceedings and the Chinese divorce proceedings.

Hello rebeccaz-ga,

Thank you for providing additional information, as it makes it
possible to answer your question.

As complex as the situation may be, the answer appears to be
relatively straightforward:  the couple should continue with the
divorce proceedings in California, as these are the only proceedings
likely to be recognized by the state.

The relevant section of California code can be found here:


==========


http://www.leginfo.ca.gov/cgi-bin/displaycode?section=fam&group=02001-03000&file=2090-2093


FAMILY.CODE 
SECTION 2090-2093 


2090.  This chapter may be cited as the Uniform Divorce Recognition
Act.


2091.  A divorce obtained in another jurisdiction shall be of no
force or effect in this state if both parties to the marriage were
domiciled in this state at the time the proceeding for the divorce
was commenced.


==========


In other words, if both parties were living in California when the
divorce proceedings began, then a divorce obtained in another
jurisdiction (including China) would have "no force or effect" in
California.


Having said this, I must emphasize the Google Answers caveat at the
bottom of this page:  "Answers and comments provided on Google Answers
are general information, and are not intended to substitute for
informed professional medical, psychiatric, psychological, tax, legal,
investment, accounting, or other professional advice..."

You should certainly obtain the advice of a legal professional before
acting on any information I have provided here.

Before rating this answer, please let me know if you need any
additional information, or have any questions about the answer.  Just
post a Request for Clarification to let me know what you need, and I
will be happy to assist you further.

All the best,

pafalafa-ga



search strategy:  Google search for: [ california divorce code ]

---

Request for Answer Clarification by rebeccaz-ga on 12 Jul 2004 09:39 PDT

Based on your research, there are no exceptions to this rule, due to
either the legal status of the parties, or the legal/diplomatic
agreements specifically between China and the US?

What if one of the parties wants to remarry (and there is no
California divorce): California would not issue a marriage license
because they still consider one of the parties to be married?  In
China, where their marriage and divorce are recognized, there would be
no problem if either one of them remarried, here or in China. 
California would not view it the same way?

Any light you could shed would be great.  Thanks.

---

Clarification of Answer by pafalafa-ga on 12 Jul 2004 11:55 PDT

rebeccaz-ga,

I am not aware of any special circumstances or international
agreements that would provide an exemption from the California statute
for the situation you have described.  I don't see how the either
party could legally remarry in California without first obtaining a
California divorce.

This is not to say there aren't exceptions...I'm simply not aware of any.

However, I must reiterate that I am not a lawyer, nor is Google
Answers a proper forum for seeking professional legal guidance.

You really should be seeking the advice of a legal professional who is
familiar with California divorce law.

You can probably arrange for an initial consultation with a lawyer for
more or less the same fee that you are paying here at Google Answers. 
In fact, depending on where the consultation would take place, there
are lawyers that offer an initial consultation at no charge.  For
instance:


http://pricefamilylaw.lawoffice.com/
"If you have questions about my services, or you would like to
schedule a FREE INITIAL CONSULTATION to discuss how I can serve you,
please contact me anytime."


For what it's worth, my own advice would be this.  Unless there is a
compelling reason to NOT go forward with a California divorce, I would
suggest going ahead, so as to avoid any legal ambiguity.

It may even be possible to stipulate in the California divorce that
terms of the settlement should be identical to the China divorce, as
long as the law permits it.

But again, this is a possibility for which you should seek the advice
of a legal professional.

All the best,

pafalafa-ga